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郭国汀律师专栏
·罗马尼亚35天革命成功真相
·社会转媒(国际互联网)对阿拉伯之春革命的巨大作用
·郭国汀:苏共政权垮台的根本原因
·阿拉伯之春埃及部分成功的革命
·阿拉伯之春:突尼斯成功的革命
·觉醒的人民粉碎专制体制:阿拉伯革命
·民主革命决非恐怖主义
·东欧各国追究共产党罪犯的罪责概况
·共产党专制暴政皆依赖秘密政治警察实行极权恐怖统治
·共产党极权暴政利用强制劳改劳教集中营野蛮残暴迫害人民
·共产党极权专制暴政实质上皆与人民为敌
·共产党极权专政暴政的大清洗
·共产党极权专制暴政皆利用强制劳改集中营野蛮迫害人民
·共产党极权专制暴政皆践踏法律司法暗无天日
·共产党极权专制暴政皆疯狂迫害宗教信仰者
***(26)《共产主义的历史》郭国汀编译
·序《共产主义的历史》
·共产主义的理论与实践批判
·列宁主义批判
·斯大林主义批判
·西方国家的共产主义
·第三世界的共产主义
·共产主义谬误的根源及其注定失败的原因
·共产党政权跨台的理论与实践根源
·马克思确认共产主义是“可怕的妖精”和“鬼魂”及“幽灵”
·共产主义注定败亡的十四项理由
·人类不平等的起源究竟是什么?
·郭国汀马克思主义批判
·宗教是毒药!宗教是引人堕落的意识世界吗?!
·马克思列宁毛泽东为何仇恨宗教?
·共产党政权为何仇恨宗教?
·共产党仇恨宗教的根源
·中共政权极度腐败的宗教根源
·共产党仇恨宗教的根源—与网友的讨论
***(27)《列宁不为人知的故事》郭国汀编译
·列宁不为人知的故事(1)
· 列宁不为人知的故事(2)
·列宁不为人知的故事(3)
·列宁不为人知的故事(4)
·列宁不为人知的故事(5)
·列宁不为人知的故事(6)
·列宁不为人知的故事(7)
·列宁不为人知的故事(8)
·列宁不为人知的故事(9)
·列宁不为人知的故事(10)
·列宁不为人知的故事(11)
·列宁不为人知的故事(12)
·列宁不为人知的故事(13)
·列宁不为人知的故事(14)
·列宁不为人知的故事(15)
·列宁不为人知的故事(16)
·列宁是天真无知与考茨基的远见卓识
·马克思私生子考评
***(28)《苏俄革命》郭国汀编译
· 列宁共产主义实践的恶果
·极权主义术语的由来
·苏俄十月革命真相
· 列宁首创一党专制体制
· 卖国求权的布列斯特和约
·革命的真实含义
·支撐沙皇的五大政治力量--俄國革命前夕的历史格局
·1917年俄国二月革命
·权欲知识分子与苏俄革命
***(29)《基督教与人类文明》郭国汀编译
·《基督教与文明》
·基督教是自由资本主义之母
·基督教与共产党暴政
·天主教皇与犹太人
·纳粹和法西斯极权主义与基督教及罗马教皇
·极权主义是基督教文化的产物吗?
·纳粹决非极左而是极右也非国家社会主义而是国家资本主义
·恐怖主义与反犹太主义
·纳粹极权兴亡简史
·进化论与基督教信仰
·西班牙宗教法庭
·中国基督教发展简史
·基督教与现代语言
·基督教与理性
·基督教的慈善爱与大学文化教育
·罗马帝国为何迫害基督教?
·基督教与诗歌文学音乐绘画建筑艺术文化美学
·基督教与科学和利玛窦
·基督教与法学
·基督教与哲学
·基督教与自然科学和人文教育体制
·基督教的人人平等和反奴隶制
***(30)《近现当代真实的中国历史》郭国汀译著
·为抗日救亡战争血洒长空的美国空军飞虎队
·蒋介石打输国共内战的七大原因
·西安事变真相
·宛南事变真相:毛想迫斯大林支持他与蒋介石争权同时借刀杀项英
·史迪威与蒋介石的命运
·腐败无能的满清屈辱史
·宛南事变真相
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政府不得滥杀和平请愿公民的最新国际公约

2005年联合国在世界峰会上通过决议:各成员国有义务防止群体屠杀,战争罪,种族清洗及反人类罪行,国际社会有义务协助成员国履行上述责任,国际社会原则上应采取适当的处交和人道及其他和平方式防止上述罪行,若成员国未能履行上述责任或事实上该国本身犯有上述罪行,则国际社会应准备采用强硬措施,包括通过联合国安理会联合采取武力制止上述罪行。政府滥杀和平请愿示威民众的行为,即属反人类罪的一种。事实上,利比亚及叙利亚在阿拉伯之春革命中,均由于滥杀和平抗议示威民众,导致联合国安理会通过决议制裁之。对叙利亚的安理会决议,由于俄国和中国行使否决权未果。

   

   An Introduction to the Responsibility to Protect

   

   Recognizing the failure to adequately respond to the most heinous crimes known to humankind, world leaders made a historic commitment to protect populations from genocide, war crimes, ethnic cleansing and crimes against humanity at the United Nations (UN) 2005 World Summit. This commitment, entitled the Responsibility to Protect, stipulates that:

   1. The State carries the primary responsibility for the protection of populations from genocide, war crimes, crimes against humanity and ethnic cleansing.

   

   2. The international community has a responsibility to assist States in fulfilling this responsibility.

   

   3. The international community should use appropriate diplomatic, humanitarian and other peaceful means to protect populations from these crimes. If a State fails to protect its populations or is in fact the perpetrator of crimes, the international community must be prepared to take stronger measures, including the collective use of force through the UN Security Council.

   

   

   In this section, you will find the following topics:

   1. International Commission on Intervention and State Sovereignty (ICISS)

   2. Secretary-General Kofi Annan Promotes RtoP

   3. The AU's Constitutive Act and the Ezulwini Consensus

   4. The 2005 World Summit

   5. Developments at the United Nations Since 2005

   6. The report of the Secretary General: Implementing the Responsibility to Protect

   7. UN General Assembly Resolution A/RES/63/308 on the Responsibility to Protect

   8. UN General Assembly Debate and Dialogues on RtoP

   

   Since the end of the Second World War, an international effort has been undertaken to protect civilians in armed conflict and prevent genocide, crimes against humanity, and war crimes. In 1948 the Convention on the Prevention and Punishment of the Crime of Genocide was adopted by the United Nations, and entered into force three years later. The Convention was the steppingstone in the international community’s attempt to ensure the horrors witnessed during the Holocaust would never occur again. However, the resounding promise of “Never Again” would prove to be hollow.

   

   The end of the 20th Century marked a change in the nature of armed conflict: large inter-state wars were replaced by violent internal conflicts, where the vast majority of casualties are now civilians. The genocides in Cambodia, Rwanda, and Bosnia demonstrated massive failures by the international community to prevent mass atrocities. Thus, near the end of the 1990’s there was a recognized need to shift the debate about crisis prevention and response: the security of the community and the individual, not only the state, must be priorities for national and international policies.

   1. International Commission on Intervention and State Sovereignty (ICISS)

   The term Responsibility to Protect was first presented in the report of the International Commission on Intervention and State Sovereignty (ICISS) in December 2001. The Commission had been formed in response to Kofi Annan's question of when the international community must intervene for humanitarian purposes. Building on Francis Deng's idea of sovereignty as responsibility, the Commission addressed the question of when state sovereignty - a fundamental principle of international law - must yield to protection against the most egregious violations of humanitarian and international law, including genocide, ethnic cleansing and crimes against humanity. View a Summary of the ICISS Report.

   

   The timing of this reports' release in December 2001 was devastating to its initial reception. After the September 11, 2001 terrorist attacks, the international debate shifted away from consideration of measures to prevent genocide and mass atrocity toward measures for the prevention and preemption of terrorist activities and the proliferation of weapons of mass destruction. Moreover, the invasion of Iraq in 2003, premised in part on an argument of humanitarian intervention, was even more destructive to the advancement of the RtoP agenda. The invasion heightened concerns that RtoP would be used to further erode the sovereignty of smaller developing countries.

   

   However, although support for RtoP was limited in the initial period after the release of the ICISS report, ongoing humanitarian disasters, including the failure to protect the people of Darfur, signaled that more needed to be done by the international community as a whole to respond to genocide and other threats against populations.

   

   2. Secretary-General Kofi Annan Promotes RtoP

   In September 2003, the Secretary-General called for Member States to strengthen the UN to better advance development, security, and the protection of human rights. In recognition of the urgent need to address the UN's failures to respond to genocide, the Secretary-General challenged Member States to include protection from genocide as part of this UN reform agenda. The Secretary-General then formed the High-level Panel on Threats, Challenges and Change to report on how the UN should confront the greatest security threats of the 21st century. In December, 2004, the High-level Panel released its report, A More Secure World: Our Shared Responsibility. Included in the report's 101 recommendations on strengthening the international security framework was an endorsement of an international responsibility to protect populations from grave threats.

   

   After consultations with governments and UN officials, and with input from many civil society organizations, the Secretary-General published his own report entitled In Larger Freedom: Towards Development, Security and Human Rights for All. Similar to the High-level Panel, the Secretary-General emphasized the need of governments to take action against threats of massive human rights violations and other large scale acts of violence against civilians. He called on governments to embrace the Responsibility to Protect, emphasizing that while it is first and foremost the individual governments responsibility to protect its population, the responsibility shifts to the international community when the state is unable or unwilling to protect their citizens. He also emphasized that the international community must use a range of measures to protect populations, which could include diplomatic and humanitarian efforts, and as a last resort may include the use of military force.

   

   3. The AU's Constitutive Act and the Ezulwini Consensus

   Meanwhile, in 2000, African nations were working to enshrine the principles of R2P within the founding Charter of the African Union (AU). First, the Constitutive Act defines the promotion of peace, security and stability and the promotion and protection of “human and peoples’ rights” as core obejective of the Union. Second, it identifies “respect for democratic principles, human rights, the rule of law and good governance”, "respect for the sanctity of human life”, and “condemnation and rejection of impunity” among its core values. Most significantly, Article 4(h) of the Constitutive Act states that it is the “right of the Union to intervene in a Member State pursuant to a decision of the Assembly in respect of grave circumstances, namely war crimes, genocide and crimes against humanity.” This important clause conveys one end of the full R2P spectrum - military intervention - but the Charter shows the commitment of African Nations to protecting populations from atrocity, even if infringement on the sovereignty of its members is required.

   

   The report, known as the ”Ezulwini Consensus”, was expressed at the African Union’s 7th Extraordinary Session of the Executive Council of 1-8 March 2005, in Addis Ababa, Ethiopia. In its report, the AU embraced the Responsibility to Protect and recognized the authority of the Security Council to decide on the use of force in situations of genocide, crimes against humanity, war crimes and ethnic cleansing. It also insisted on the need for an empowerment of regional organizations to take action in such cases. In 2005, with RtoP as part of the proposed recommendations for improving the UN, the African Union responded by its own evaluation of th proposed reforms.

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