Sovereignty as responsibility and the conjuction with the concept of human security

Abstract

This research aims at demonstrating that the prevention of mass atrocities is strongly related to States’ obligation to provide their citizens with human security, as States, as well as the international community, have the moral responsibility to respect, protect, and promote individual human rights. To do so, it will examine the existing nexus between the concept of state sovereignty, meant as state responsibility, and the principle of Responsibility to Protect in the drafting of timely and efficient strategies to prevent war crimes, genocide, crimes against humanity, and ethnic cleansing. As highlighted in Art. 1 of the UN Charter, “To maintain international peace and security, and to that end: to take effective collective measures for the prevention and removal of threats to the peace, and for the suppression of acts of aggression or other breaches of the peace, and to bring about by peaceful means, and in conformity with the principles of justice and international law, adjustment or settlement of international disputes or situations which might lead to a breach of the peace.” Hence, UN Member States, together with all the other actors of the international community, should cooperate to create a global architecture of prevention through the empowerment of State responsibilities. The research will emphasize the responsibility of States to provide its citizens with human security and, more specifically, with the seven dimensions included in the concept of human security, as it is necessary to overcome the ongoing challenges in fragile States. Even though no country is immune from fragility and, eventually, from the occurrence of mass atrocities, developing countries characterized by political instability are the ones that usually find themselves unable to protect their populations. Thus, the international community plays a crucial role in providing human security according to the principle of the Responsibility to Protect and, most importantly, to its Pillar II concerning the “duty to cooperate” to achieve international peace and security. The assessment of the risk factors of fragility and atrocity crimes is needed to draft and implement efficient and prompt actions to tackle large-scale violations of human rights. Strengthening the State responsibility to provide human security strongly contributes to address the root causes of State fragility, thus preventing the escalation of tensions and violence and, ultimately, the occurrence of mass atrocities. It is then essential to embrace the evolution of the concept of sovereignty throughout history. By starting the analysis from the Peace of Westphalia in 1648, it is possible to identify the reframing of the sovereignty status as well as their willingness to sign and ratify international treaties and conventions. The classical definition of sovereignty referred to the State supreme authority over its subjects, whereas the contemporary one includes the universal recognition of State responsibilities towards the citizens. The creation of the United Nations and the drafting of the Universal Declaration of Human Rights stressed the existence of individual human rights, in which the right to human security is indirectly incorporated, and the need for States, as main actors of global governance, and for the international community, including non-state actors, to foster and provide them without no discrimination. The research concludes with a concrete proposal regarding the empowerment of available tools for the development of preventive measures. As the prevention of fragility and mass atrocities includes complex and coordinated strategies, it is necessary to adopt a holistic and long-term approach. Specific attention should be given to the young generation who, through education and participation in both social and political life, could play a crucial and proactive role in the international relations framework. Education, inclusion, respect, dialogue, disarmament, responsibility, accountability, protection, intervention, and advocacy are the 10 elements integrated within the seven dimensions of human security that States, as responsible actors in the international arena, or the international community, in case of State failure or unwillingness, should guarantee to maximize prevention and minimize violations of human rights.