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EN
One of the most prevalent features of contemporary international relations system is erosion of sovereignty concept leading to human rights protection priority and humanitarian intervention enactment acceptability. Sovereignty in its modern approach is understood as state obligation and responsibility to secure welfare for its citizens and it refers to effective governance. It is assumed that individual interests outweigh interests of the state, though the sovereignty exception cannot be raised as defense against the necessity of intervention in the case of basic human rights breach. At this point sovereignty means the state responsibility for the wellbeing of its citizens. It led to Responsibility to Protect project arising from the debate on association between independence and use of force and human rights protection. The doctrine embedded in this project brought very good reception within international community and was designed to establish criteria for the scripts of international reaction to armed conflicts and genocide, ethnic atrocities and war crimes prevention. Nevertheless, discussion around informal (mostly moral) prerequisites to use force in reaction to serious human rights infringements did not lead to creation of consistent system of intervention on international level.
EN
The Responsibility to Protect (R2P) was created in the hope of overcoming the barrier that state sovereignty, as a principle, had become to actions of humanitarian intervention. It was imagined that as mass atrocity crimes were coming to the attention of the international community, that, on the whole, they were willing, able and eager to intervene in order to stop the violence in question. Holding them back was sovereignty as both a legal and normative barrier. This was always a bad explanation for the pervasive lack of humanitarian intervention; accordingly R2P, as a bad solution, has failed almost entirely. The problem is, and always has been, that when faced with mass atrocity crimes, the international community is plagued by a near-permanent lack of political will to action.
EN
This paper demonstrates the hidden similarities between Raymond Chandler’s prototypical noir The Big Sleep, and the United Nations Responsibility to Protect (R2P) document. By taking up the work of philosopher Giorgio Agamben, this paper shows that the bare life produces the form of protection embodied by Philip Marlowe in Chandler’s novel and by the United Nations Security Council in R2P. Agamben’s theorizing of the extra-legal status of the sovereign pertains to both texts, in which the protector exists outside of the law. Philip Marlowe, tasked with preventing the distribution of pornographic images, commits breaking-and-entering, withholding evidence, and murder. Analogously, R2P advocates for the Security Council’s ability to trespass laws that safeguard national sovereignty in order to prevent “bare” atrocities against human life. As Agamben demonstrates, the extra-legal position of the protector is made possible by “stripping bare” human life. This paper also gestures towards limitations of Agamben’s thought by indicating, through a comparison of these two texts, that bare life produces states of exception as the object of protection rather than punishment.
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