Grappling with Double Manifest Failure: R2P and the Civilian Protection Conundrum

Civilian protection is a vexing issue facing humanitarian practitioners and policy makers, particularly in settings where host states engage in or allow mass atrocity crimes to be perpetrated against their populations.2 International humanitarian law asserts a defense of the legal status and rights of civilians in situations of armed conflict. Individuals not actively involved in hostilities either by laying down their arms or owing to civilian status, sickness, injury, or detention shall be treated humanely in all circumstances, without ‘adverse distinction,’ and be protected from violence to life and person; hostage-taking; outrages upon personal dignity; and extrajudicial procedures or summary executions.3 International human rights law complements these provisions, emphasizing that host states bear a primary responsibility to protect their populations from violations of a wide range of universal rights, including crimes such as genocide, war crimes, ethnic cleansing, and crimes against humanity (UNGA 2009: para. 3).