“听到了吗?听到了吗?”:实践者对儿童在武装冲突中保护责任和保护规范议程中的看法

Jeremy Shusterman, Michelle Godwin
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引用次数: 1

摘要

当联合国在2005年世界首脑会议上就“保护责任”的定义达成一致时,它认可的两段话阐述了“保护责任”的含义,使这一概念在保护人民免遭种族灭绝、战争罪、种族清洗和武装冲突中的危害人类罪方面有一个重点但范围狭窄的概念。在下一段中,联合国会员国重申了对武装冲突对儿童影响的关切,这与几周前安理会通过的具有里程碑意义的1612年关于儿童与武装冲突的决议相呼应。虽然在文本中并列,但CAAC和r2p没有联系。直到今天,对于应急反应的国际从业人员来说,两者之间的相互作用仍然不清楚。虽然r2p和CAAC同时出现的高峰时刻可能是偶然发生的,但本文描述了这两个概念(作为从业者“回应”的宣传工具和工具)是如何从保护冲突中的平民(包括儿童)的类似关注中出现的。然而,这两个概念之间的联系不应被夸大。虽然rp和CAAC出于共同的意图而走到一起,但这更多的是巧合,而不是有意为之。本文认为,从国际从业者的角度来看,这两个概念不应该被理解为总是在同一层面上运作。CAAC已经从一个倡导平台发展成为一个涵盖不同方案、应对措施、工具和框架的保护伞,包括儿童与武装冲突监测和报告机制(MRM)。即使这些工具和方法的应用取得了不同程度的成功,在CAAC议程表下,从业者可以希望在保护冲突中的儿童方面做得更多。但对于这些从业者来说,履行保护的责任是另一个问题——他们的“责任”充其量是次要的和隐含的,因为2p是国家的主要和明确的责任,而国家也是儿童权利的最终责任承担者。虽然在关于rp的对话中可以听到儿童权利议程的回声,虽然rp可以帮助制定和推动儿童保护从业者的努力,以应对儿童面临的一些最糟糕的情况,但对于保护机构的实地官员来说,rp是一个理想的目标,必然遥不可及。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
‘Children Heard, Half-Heard?’: A Practitioner’s Look for Children in the Responsibility to Protect and Normative Agendas on Protection in Armed Conflict
When the United Nations ( UN ) agreed on a definition of the Responsibility to Protect ( R 2 P ) at the 2005 World Summit, the two paragraphs it endorsed articulated what R 2 P stands for, giving the concept a focused but narrow remit around protecting populations specifically from genocide, war crimes, ethnic cleansing and crimes against humanity in armed conflict. In its next paragraph, the UN Membership reiterated concerns on the impact of armed conflict on children echoing the landmark 1612 Resolution by the Security Council on Children and Armed Conflict ( CAAC ) adopted a few weeks before. Though side-by-side in the text, CAAC and R 2 P were not linked. To this day, for international practitioners in emergency responses, the interaction between both remains unclear. While this simultaneous peak moment for R 2 P and CAAC may have occurred by chance, this article describes how both concepts (as advocacy tools and instruments for practitioners to ‘respond’) emerged out of similar concern for protecting civilians – including children – in conflict. However, the link between both concepts should not be overstated. While R 2 P and CAAC fit together for the intentions they share, this happened more coincidentally than purposefully. This article argues, taking an international practitioner’s perspective, that both concepts should not be understood as always operating at the same level. CAAC has grown from an advocacy platform to an umbrella of different programmes, responses, tools and frameworks, including the Monitoring and Reporting Mechanism ( MRM ) on Children and Armed Conflict. Even if applied with variable success, these tools and approaches under the CAAC agenda chart some ways practitioners can hope to do more towards protecting children in conflict. But for those same practitioners, delivering on a Responsibility to Protect is a different question – one where their ‘responsibility’ is at best secondary and implicit, because R 2 P sits squarely as a primary and explicit responsibility of states – who are also the ultimate duty bearers for children’s rights. While the echoes of a child rights agenda can be heard in the conversation around R 2 P , and while R 2 P can help frame and drive efforts by child protection practitioners to respond to some of the worst situations children face, R 2 P is, for the protection agency field officer, an aspirational goal, necessarily out of reach.
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