보호책임의 의의와 쟁점

Abstract

As a solution to debate on legality of humanitarian intervention, the Responsibility to Protect, also called R2P, proposed by International Commission on Intervention and State Sovereignty(ICISS) in 2001, have been generally accepted at the international level. However, for R2P, its concept, scope of application and subjects of implementation are still under debate. Because there is a possibility of conflict with general principles in international law, especially, the principle of non-intervention and the principle of non-use of force, with respect to R2P. However, a situation to which R2P should be applied, in other words, a serious humanitarian crisis, has still occurred very often. In such situation, civilians expect the international society to take regular measures against the nation that uses armed force. Even so, it isn't not yet regarded right interpretation to understand R2P as a legal concept established in international law. The reason why is because R2P has remained as ‘soft law' or ‘emerging norm’, in relation to legal characteristics. In this paper, the development of debates on R2P, as well as its advent background, will be first examined, with ranges from 2001 ICISS Report to Secretary-General Ban Ki-moon's report on ‘implementing the responsibility to protect’ in 2009. Then, based on these points, core contents of R2P, such as concepts of sovereignty as responsibility as theoretical grounds and their application requirements, will be also examined. Moreover, the possibility of establishment of R2P as more concrete and legal norm will be investigated, after review on problems of R2P, especially, its scope of application, subjects of implementation and international law issues in relation to the principle of complementarity.