By Susan Breau, Professor of International Law (Flinders University, Australia)

On 30 March 2011, the Security Council acting under Chapter VII of the Charter  adopted Resolution 1975 which urged the defeated President Gbagbo to immediately step aside and declared the situation in Ivory Coast to be a threat to international threat and security.

The resolution also imposed targeted sanctions (freezing of assets, travel bans) against Laurent Gbagbo and other members of his regime.  In its preamble it declared that the attacks currently taking place in Côte d’Ivoire against the civilian population could amount to crimes against humanity and that perpetrators of such crimes must be held accountable under international law and noting that the International Criminal Court may decide on its jurisdiction over the situation in Côte d’Ivoire on the basis of article 12, paragraph 3 of the Rome Statute.

For the purposes of this analysis the resolution also authorised the United Nations Operation in Cote d’Ivoire (UNOCI) to use “all necessary means to carry out its mandate to protect civilians” including preventing the use of heavy weapons.  Surprisingly, the resolution specifically mentioned ‘the French forces’ supporting UNOCI which indirectly authorised the use of force by French forces  in assisting the UN operation to fulfil its mandate.

Importantly, the resolution specificially referred to the ‘primary responsibility’ of each State to protect civilians, thus referring to the responsibility to protect albeit in an oblique way. It can be asserted that together with the recent resolution 1973 on Libya which authorised “all necessary means to protect civilians”, there is a growing body of international practice responding to massive violations of human rights with mandates to use force, if necessary, to protect civilians.

Read the rest of this entry »

%d bloggers like this: