A Crıtıcal Analysıs Of The Unıted Natıons Human Rıghts Councıl Wıthın The Framework Of The Responsıbılıty To Protect

Abstract

Three cornerstone initiatives which were the result of series of works of the United Nations (UN) for the wellbeing of peoples, the Sustainable Development Goals (SDGs), the United Nations Human Rights Council (HRC) and the principle of Responsibility to Protect (R2P) were born out of the need for “a more peaceful, prosperous and just world” in the 21st century. Placing the complementary relationship between these three initiatives at its center, this thesis focuses on the role that can be played by the HRC in the implementation of R2P. In order to understand this role, it takes SDG16 as a common framework for R2P implementation especially at the level of Pillars 1 and 2. As being directly related with human rights and human rights institutions, the success of SDG16 is arguably contingent upon the well-functioning of the HRC. In questioning the impact of the HRC on R2P’s implementation, it is important to determine the contributions and shortcomings in the practices of the HRC as well as its mechanisms and procedures. To this end, the thesis adopts the method of case study, and comparatively analyses the implementation of R2P in the cases of the Democratic Republic of Congo (DRC), Libya and Syrian Arab Republic vis-à-vis the actions of the HRC with regard to these cases. Following from this, from an implementation point of view, this thesis argues that the HRC can play a role in the upholding of Pillar 1 and Pillar 2 responsibilities under R2P at the state and international levels in a way to contribute to the achievement of SDG 16, and accordingly, it can help to devise an early response in cases of imminent threats of atrocity crimes without the need for UN Security Council authorization.