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Unpublished Paper
A Ripening Obligation: The Responsibility to Protect International Human Rights In States of Recent Occupation
ExpressO (2012)
  • Benjamin K Grimes, The Judge Advocate General's Legal Center & School
Abstract

The United Nations has described State unwillingness to address extra-territorial human rights abuses as a failure of “civic courage … at the highest level.” That view is consistent with a trend in international jurisprudence on the issue of State responsibility for respecting and protecting human rights. In line with these opinions, this article examines the arc of international understanding of human rights responsibilities to identify the proper path for U.S. military operations. It proposes specific practical solutions to guide the United States in recognizing not only its joint legal responsibility for protecting human rights in post-occupation situations (as in Afghanistan), but also, by virtue of its position of leadership in the community of nations, its concomitant moral and ethical duty.

Keywords
  • occupation,
  • post-occupation,
  • IHL,
  • human rights
Disciplines
Publication Date
October 16, 2012
Citation Information
Benjamin K Grimes. "A Ripening Obligation: The Responsibility to Protect International Human Rights In States of Recent Occupation" ExpressO (2012)
Available at: http://works.bepress.com/benjamin_grimes/1/