Argumentation, Impact, and Normative Change: Responsibility to Protect after the Commission of Inquiry Report into Human Rights in North Korea

Argumentation, Impact, and Normative Change: Responsibility to Protect after the Commission of... In 2014 a unhrc report found North Korea was practicing mass atrocities, contravening the Responsibility to Protect (R2P) norm, and it called for sanctions and referral of the matter to the International Criminal Court. This paper assesses the report’s impact upon ‘the matter of human rights in North Korea’ and upon the R2P norm itself. We find that when a relatively ‘demanding’ standard is applied, whereby R2P is judged to be effective only if it affects the actual human rights situation, the report has had little impact. But judging impact according to a more ‘forgiving’ standard suggests the report has substantially affected international debates about human rights in North Korea. We also argue that the report affected the R2P norm itself: specifically, Pillars i and ii are now considered relevant in cases of ‘chronic’ abuse, although strong opposition to the position that Pillar iii measures are also relevant remains strong. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Global Responsibility to Protect Brill

Argumentation, Impact, and Normative Change: Responsibility to Protect after the Commission of Inquiry Report into Human Rights in North Korea

Global Responsibility to Protect, Volume 9 (2): 29 – Apr 18, 2017

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Publisher
Brill
Copyright
Copyright © Koninklijke Brill NV, Leiden, The Netherlands
ISSN
1875-9858
eISSN
1875-984X
D.O.I.
10.1163/1875984X-00902004
Publisher site
See Article on Publisher Site

Abstract

In 2014 a unhrc report found North Korea was practicing mass atrocities, contravening the Responsibility to Protect (R2P) norm, and it called for sanctions and referral of the matter to the International Criminal Court. This paper assesses the report’s impact upon ‘the matter of human rights in North Korea’ and upon the R2P norm itself. We find that when a relatively ‘demanding’ standard is applied, whereby R2P is judged to be effective only if it affects the actual human rights situation, the report has had little impact. But judging impact according to a more ‘forgiving’ standard suggests the report has substantially affected international debates about human rights in North Korea. We also argue that the report affected the R2P norm itself: specifically, Pillars i and ii are now considered relevant in cases of ‘chronic’ abuse, although strong opposition to the position that Pillar iii measures are also relevant remains strong.

Journal

Global Responsibility to ProtectBrill

Published: Apr 18, 2017

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