Jeff Handmaker is a Lawyer and Independent Consultant (Rea Hamba Advice, The Hague) and PhD Researcher, Netherlands Institute of Human Rights, Utrecht University, The Netherlands and member of Badil’s Legal Support Network. This article is an edited version of a presentation to the UN Meeting on the Question of Palestine, 8-9 March 2005, Geneva. Parts of this article originally appeared in The Electronic Intifada, including ‘Beyond the Advisory Opinion: Possible Future Strategies’, Jeff Handmaker, The Electronic Intifada, 20 Sept 2004, http://electronicintifada.net/v2/article3105.shtml
Role of Civil Society in Ensuring Adherence to International Law
The United Nations International Meeting on the Question of Palestine took place under the auspices of the Committee on the Inalienable Right of the Palestinian People (‘the committee’) at the UN Office (Palais des Nations) at Geneva on 8 and 9 March 2005. For this conference, the Committee chose the theme: Implementing the ICJ Advisory Opinion on the Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory – The role of Governments, intergovernmental organizations and civil society.
Violations of human rights and humanitarian law, particularly when systematically carried out with no regard to their consequences, demand that other states and international organisations not simply take notice, but take action. The legal basis for proportionate and “effective” (1) responses to such violations are gaining momentum through an emerging international legal principle of the responsibility to protect, which forms part and parcel of state responsibility. The responsibility to protect is firstly a duty to ensure that mechanisms are in place to prevent violations from taking place (2) and secondly a duty of states, acting in their individual or – ideally – collective capacities, to intervene in order to protect civilians from potential or further violations.(3)