4 - The Substance of Altruism in International Law: Protection for the Other

Summary

This chapter considers the obligations that states are under to protect individuals in third states from harm. In particular, it analyses the duty to prevent or arrest a genocide in a third state, the emerging duty to prevent torture, and the duty to ensure respect for international humanitarian law. These all have their legal basis in multilateral treaties. Given the focus on the prevention of serious human rights abuses in other countries, consideration is also given to the responsibility to protect (R2P) doctrine, which has been endorsed by states in several multilateral instruments and represents a significant commitment by states to people beyond their borders, although it appears to have lost traction in recent years. Finally, the chapter appraises the duty to give safe haven to those fleeing persecution in their home state.