IMMANUEL KANT’S PERPETUAL PEACE MODEL: ITS RELEVANCE IN HUMAN RIGHTS WITH REFERENCE TO RESPONSIBILITY TO PROTECT DOCTRINE AND MEDIEVAL CHRISTIAN THEOLOGY

The paper will discuss the impact of Immanuel Kant’s Peace model in the 21 st century and how this hypothetical model has affected the Human Rights Jurisprudence in the 21st Century. Kant’s model has baffled theorists all over the globe. But it seems that the Doctrine of Responsibility to protect has found the solution to put Kant’s ideas in motion. This doctrine is applicable for the political inclusion of Fail / Weak States who are constant violators of Human Rights. The paper argues that Responsibility to Protect when read with the medieval Christian doctrine of Vindicae Contra Tyrannos and Subsidiarity, provides a practical application of Kant’s model .This will improve the Human Rights situation in the Fail/ Weak States

IRJMSH Volume Issue [Year 2014] online ISSN 2277 – 9809 IMMANUEL KANT’S PERPETUAL PEACE MODEL: ITS RELEVANCE IN HUMAN RIGHTS WITH REFERENCE TO RESPONSIBILITY TO PROTECT DOCTRINE AND MEDIEVAL CHRISTIAN THEOLOGY AUTHOR: BHANU PRATAP LECTURER AMITY UNIVERSITY, LUCKNOW CAMPUS INTRODUCTION The paper will discuss the impact of Immanuel Kant’s Peace model in the 21 st century and how this hypothetical model has affected the Human Rights Jurisprudence in the 21 st Century Kant’s model has baffled theorists all over the globe But it seems that the Doctrine of Responsibility to protect has found the solution to put Kant’s ideas in motion This doctrine is applicable for the political inclusion of Fail / Weak States who are constant violators of Human Rights The paper argues that Responsibility to Protect when read with the medieval Christian doctrine of Vindicae Contra Tyrannos and Subsidiarity, provides a practical application of Kant’s model This will improve the Human Rights situation in the Fail/ Weak States SECTION I KANT’S PEACE MODEL Kant’s Perpetual peace model was primarily based on the idea of Trans nationalism and interdependence among States James Rosneau defines trans nationalism as follows: "the processes whereby international relations conducted by government have been supplemented by relations among private individuals group and society that can and have important consequences for the course of events." In focusing on transnational relation, sociological liberal are reasserting and old tradition in international relation Robert Jackson , Georg Sorenson , ‘ Introduction to International Relations ’ Theories And Approaches (New Delhi : Oxford University Press ( 2008 ) Page 201 International Research Journal of Management Sociology & Humanity http:www.irjmsh.com Page 255 IRJMSH Volume Issue [Year 2014] online ISSN 2277 – 9809 that relation between people are more cooperative than government who compete to survive Karl Deutsch was a leading figure in the study of transnational relations He argued that a high degree of transnational ties between societies leads to peaceful relations that means more than absence of war It brings integration or in other world a sense of community where people resolve their disputes without resort to large scale physical force The tools of responsibility to protect further support this argument This idea was taken to a whole new level by the work of John Burton He wrote a book entitled "World Society" in which he envisioned a 'Cobweb model' of transnational realist Burton points out that the Cobweb model shows a world driven by mutual exchange of benefits and the relationship between States is cooperative and symbiotic in nature This is in complete contrast to the Realist view which shows States as a set of billiards ball i.e set of independent and self contained units This shows that conflicts will be muted at best and overlapping membership minimize the risk of conflicts between two nations Rosneau thus supports a pluralistic world supported by transnational and individual The basic idea being that since individuals are a part of numerous cosmopolitan groups then their overlapping interest will not divide them in antagonistic groups This idea of Rosneau is a modern application of Immanuel Kant's utopia 'Perpetual Peace' Kant's idea is built on the basic premise that liberal democracies are more peaceful and law abiding than the other political systems It does not mean that democracies will never go to war with each other, but the friction will be minimized to a large extent Kant's model required a peaceful international relation He presented international relation as a State of nature not governed by any higher legal authority The only way out is the peace agreement Kant was of the view that republics will be reliable treaty partners because they are ruled by responsible as well as responsive leaders Thus, a federation of such republic would be able to establish a stable peace among them Fernando Teson is of the view that liberal State give preference to liberal Ibid, page 102 Ibid International Research Journal of Management Sociology & Humanity http:www.irjmsh.com Page 256 IRJMSH Volume Issue [Year 2014] online ISSN 2277 – 9809 government in recognition decision and that liberal government should intervene in liberal State in situation of civil conflict or massive human rights abuse to setup liberal government Kant's idea of liberal Democratic and Humanitarian Intervention: Before discussing the ideas of Kant regarding humanitarian intervention it is important to understand his concept of liberal democratic peace or perpetual peace, as it is the foundation of liberal thought Policy makers, especially in the west have cited this as an example to justify intervention in other countries This is a fact, if one considers the policy of United States of America One of the major tenets of U.S foreign policy is the encouragement and support of democraticization in the world At the core of this argument is a national security objective of a less war prone world It is believed that democratic states are unlikely to fight wars against each other In other words, the participants have a low competitive intent There are three requirements of Kant's seminal essay on perpetual peace i) The constitution of States should be republican ii) The basis of International law should be a federation of Free states iii) Each individual is entitled to be treated with hospitality when meeting the inhabitants of other states The democratic peace also includes a handful of other claims such as: i) Democracies tend to prevail in wars they fight with non democracies ii) In wars they initiate, democracies suffer fever casualties and fight shorter was then non democratic states Fernando R Teson, Collective Humanitarian Intervention, 17 Michigan Journal of International Law, pages 323, 332-333 (1996), Fernando Teson, The Kantian Theory of International Law, 1992, Columbia Law Review 53, pages 91-93 Dan Reiter and Allan C Stam III, "Democracy, War, Initiation and Victory" American Political Science review 92:2 (June 1998) pages 377-389 D Scott Bennett and Allan C Stam, "The Duration of Interstate Wars, 1816-1985", American Political Science review 90:2 (June 1996) Pages 239-257 International Research Journal of Management Sociology & Humanity http:www.irjmsh.com Page 257 Volume Issue [Year 2014] IRJMSH iii) online ISSN 2277 – 9809 Democratic states locked in disputes with each other choose more peaceful means of resolution iv) Democratic powers not initiate preventive war One of the writers who most effectively caught on to this trend was Michael Doyle who in two articles in "Philosophy and Public Affair in 1983 highlighted Kant's legacy to liberalism and internationalism which were crystallized into one article in American Political Science Review 80 (1986), 'Liberalism and World Politics ' Doyle objects is to put forward Kant's Political theory as a model of good practice for liberal democratic states to follow: The entire argument can be summed up in three points: i) Democratic institutions place constraints on the ability of leaders to fight other democracies or simply make them reluctant to choose war ii) The pacifists’ norms shared by democratic states cause them to view each other as pacific and unthreatening iii) Democracy tends to foster economic interdependence which reduces likelihood of war A more recent institutional argument focuses on the desire of democratic elites to be re elected Therefore, democratic leaders are primarily concerned about retaining office and they are concerned about policy failure War is likely to be long and bloody and there is a greater risk of policy failure Hence democratic states are prone to negotiate with each other rather then fight Kyle Grayson has elaborated and explained the democratic peace formula to show why liberal democracies engage in humanitarian intervention when William J Dixon, "Democracy and the peaceful settlement of international conflict" American Political Science Review 88:1 (March 1994) Page 14-32 Randall Schweller, "Domestic structure and Preventive war : Are Democracies more Pacific" World Politics, 44:2 (January 1992) Pages 235-269 Bruce Bueno de Mesquita, James D Morrow, Randolph M Siverson and Alastair Smith, "An Institutional explanation of the Democratic peace", America Political Review, 93:4 (December, 1999) Pages 791-807 International Research Journal of Management Sociology & Humanity http:www.irjmsh.com Page 258 IRJMSH Volume Issue [Year 2014] online ISSN 2277 – 9809 dictatorial regimes massacre their civilian population The author enumerates four points Democracies are inherently peaceful unless unjustly attacked by authoritarian regimes Use of force by democracies is justified because they are directed against the real threat launched by rogue actors’ intent on undermining the democratic way of life Democracies by definition cannot go to war with one another (Assertion of 1) The best way to ensure global stabilit y is to promote the spread of democracy The author has raised a pertinent point, when he uses the above mentioned four points to justify humanitarian intervention by the western liberal societies In his own wards: " They muster support and help to provide a basis of legitimacy for action (including the large scale use of violence) that may have otherwise generated internal apathy if not opposition In particular, the spread of democracy has been touted by Western Government as the panacea to all global ills and has therefore been used as a rationale for the use of force in several instances including NATO's bombing of Serbia, the Coalition war against the Taliban, and the invasion of Iraq ." 10 Michael Doyle's thesis has a moral as well as empirical side to it The moral side shows that policy makers should be informed by Kant's liberal internationalism and empirical side shows that when policy makers were informed of Kant's idea, they took successful decision Kant and Humanitarian Intervention: It is a Herculean task to trace the argument present in Kant's work that would support the cause of Humanitarian Intervention There is nothing that can be directly attributed to the cause of 10 Kyle Grayson, "Democratic Peace theory as Practice : (Re) Reading the significance of liberal Representation of War and Peace, YCISS working paper number 22, March 2003 Page International Research Journal of Management Sociology & Humanity http:www.irjmsh.com Page 259 Volume Issue [Year 2014] IRJMSH online ISSN 2277 – 9809 humanitarian intervention At the same time Kant's over all ideas of gradually supplanting the state of nature with semi juridical state of cosmopolitanism legal relationship has a number of significant implications for humanitarian intervention One of the foremost and influential works on Kant's thought regarding humanitarian intervention is connected to George Fletcher and Jens David Ohlin They have elaborated the idea in their monumental work "Defending Humanity: When war is justified It is a unique work to think through the proper relationship between th e criminal law and international law of defensive force According to this theory the right to use force is derived from a legal order that secures equal autonomy by enforcing fair rules 11 Thus, any actor is authorized to resist injury to anyone's legal r ights because these rights embody the legal order that protects the autonomy of all 12 Fletcher and Ohlin justify on the basis of six conditions Legitimate self defense must be: 1) Reasonably necessary and 2) Intended to repel an attack 3) Overt 4) Imminent 5) Unlawful 6) Attack 13 Fletcher and Ohlin distinguish legitimate resistance from both preemptive and punitive force, as neither of these is necessary to repel an imminent attack 14 They add that punitive force is illegitimate because states are moral equals without authority over one another 15 They go on to apply this theory to a number of issues in the international law of war In applying Kantian criminal justice theory to the international arena, Fletcher and Ohlin liken the international legal system, particularly as embodied by the United 11 George Flatcher, Jens David Ohlin, Defending Humanity : When war is justified, New York, Oxford University Press, 2008 Pages 28-29 12 Ibid, Pages 76, 79, 83-85 13 Ibid, Pages 86-106 14 Ibid, Page 90 15 Ibid, Page 57 International Research Journal of Management Sociology & Humanity http:www.irjmsh.com Page 260 IRJMSH Volume Issue [Year 2014] online ISSN 2277 – 9809 Nations To a Kantian liberal state, and treat states and nations as individual citizens 16 Based on this criterion, they support the presumptive right of every state to intervene against aggression, until the Security Council takes action 17 The support humanitarian intervention in defense of national groups but not in defense of human rights of individuals 18 Fletcher and Ohlin have defended a Kantian theory of defensive force in international law Such a theory has considerable appeal because it provides a coherent national for the U.N Charter's scheme for regulating the interventional use of force Kant's ideas on humanitarian intervention can be understood when we compare his ideas with Thomas Hobbes Just like Hobbes, Kant also believes that before a public legal condition can be established, people cannot be secure against violence from one another Individuals in the state of nature have a fundamental moral obligation to quit that situation and could themselves under the rule of enforced law If Hobbes social contract is limited to formation of state then Kant carries the idea further According to Kant, humanity need not remain trapped in the state of nature, just as people emerge from this condition domestically; similarly it is possible to emerge internationally although the road map is of necessity, different for each transition For Hobbes, state is the finality, whereas, Kant's international theory assumes that the same general principles justifying the sovereign state are operative for international politics Whereas Hobbes views the social contract as primarily an instrumental decision of fearful individuals, Kant uplifts the moral status of the state; it rests on the perfect duties to us and others to respect humanity 19 The state of nature among states is a threat to the system of right within states Kant has argued that unlike the domestic state of nature, states cannot be coerced into joining a world republic This movement of states to adopt a "perpetual peace" should be a gradual process According to Kant 16 Ibid, Pages 59-60, 86 Ibid, Pages 76, 84-85 18 Ibid, pages 129, 133-134 19 Antonio Franceschet, Humanity's Intervention and Humanitarian Intervention : A Kantian Analysis, A paper presented at world International studies committee 2nd Global International studies conference, "What keeps us apart? What keeps us together? International order, Justice, values, University of Ljubljana, Slovenia 23-26 July 2008, Page 17 International Research Journal of Management Sociology & Humanity http:www.irjmsh.com Page 261 Volume Issue [Year 2014] IRJMSH online ISSN 2277 – 9809 when people freely choose perpetual peace or a world state model through international and cosmopolitan law then this is the best way to develop a global order Such peace should not coerce but spontaneous 20 Thus , it can be safely concluded that Kant’s idea of a Peace Model is a loose congregation of Democratic republics who have opted to come out of the State of nature at an international level The ideas of Kant’s Perpetual peace model can be traced to his idea of Right which in turn are his principles of Justice Ultimately it can be said that these are a part of Kant’s Categorical Imperative The idea can now be used as a theoretical model in the post modern concept of State Building also It is my argument that Responsibility to Protect Doctrine when combined with the Medieval Concept of Vindicae Contra Tyrannos has provided a new lease of life to the perpetual peace model and Responsibility to Protect has given a practical application to Kant’s vision Section II The Doctrine of of Responsibility to Protect In the 20 th Century the concept of Humanitarian Intervention was usually frowned upon by the International Legal theorists as it was against the traditional concept of sovereignty It was believed that the only deterrent effect that a tyrannical government would understand was a military intervention in the internal territory of that government But this would violate the narrow and pedantic definition of Art ( ) of the U.N.Charter As a result, the very concept of humanitarian intervention has been metamorphosed into a new breed of peacekeeping strategy, Responsibility to Protect It can be called a new version of Humanitarian Intervention which has been stripped of the traditional/intimidating answer of military intervention Despite the well intended intention, military humanitarian interventions were always viewed as Trojan Horse tactics employed by Western Powers The framing of responsibility to protect doctrine by the ICISS (International Commission on Intervention and state sovereignty) has turned the debate about "the right to intervene" on its head and re characterized it not as an argument about the "right" of states to anything but rather about their 20 Ibid, Page International Research Journal of Management Sociology & Humanity http:www.irjmsh.com Page 262 IRJMSH Volume Issue [Year 2014] online ISSN 2277 – 9809 responsibility to protect people at grave risk If any right, was involved, it was of the victims of mars atrocity crimes to be protected The searchlight has found its true focus, on the need to protect communities from mars killing and ethnic cleaning, woman from systematic rape, children from starvation and the herculean task of state building Responsibility to Protect is composed of three tools that analyze a conflict situation from three different angles i.e before a conflict, deriving a conflict and after a conflict is over There three tools are :i) Responsibility to prevent ii) Responsibility to React iii) Responsibility to Rebuild As it has been discussed earlier Kantian concept of 'Democratic Peac e' is being realized at the cost of humanitarian intervention Although Kant himself was not in favour of intervention per se but work of Rawls and Habermas have brought a change worth of inter galactic proportions Think tanks around the world realized th e strategic importance of the new form of interventionism and created the idea that through humanitarian intervention the ''Weak'' political infrastructure of a state can get a new lease of life James D Fearon and David D Latin are on the exponents in t his strategic tool They have used the concept to in this strategic tool They have used the concept to show the problem of conflict resolution nation building and humanitarian intervention The authors have termed it as "Neotrusteeship" Therefore, this updated version of humanitarian interventionism or "Humanitarian Interventionism 2.0" is different from the classical group troop engagement It does not aim to besieging an enemy but at foreclosing massive human rights violations It focuses on individual human life worthy of protection The Responsibility to Protect doctrine has incorporated the doctrine of Responsibility to Prevent and Responsibility to Re build This mean that the former relies on an age old saying that "prevention is better than cure" while the letter relies on the post 9/11 concept of "exit strategy" It has been realized that a hasty exit of the intervening focus International Research Journal of Management Sociology & Humanity http:www.irjmsh.com Page 263 Volume Issue [Year 2014] IRJMSH online ISSN 2277 – 9809 will only worsen situation for the targeted states These targets not have the required political, legal culture that would prevent future problems of genocide or ethnic cleansing So the new version of humanitarian intervention focuses on economic support and technical assistance for these impoverished states Thus, those states which are considered "outlaw" in Rawlsian can be rehabilitated and re integrated in a democratic order In other words, new intervention aims at political inclusion of the outlaw region The Responsibility to prevent tool of the new doctrine, anticipates a conflict and tries to remove it before it occurs It identifies the sources of conflict and tries to remove them Conflict resolution theory has provided the earliest and relevant analysis of the roots and dynamics of ethnic and other conflict According to Wibke Hansen, Oliver Rombsthem and Tom Woodhous 21 this analytical contribution is best exemplified in the theoretical models of protracted social conflict [PSC] and international social conflict The authors have modified the work of Edward Azar and have proposed a model that explains the emergence of conflict 22 According the them observation social conflict originate wherever communal groups (sharing ethnic, religious, linguistic or other cultural characteristics) are denied their distinct place or identity According to Hansen, Rambotham and Woodhouse Azar's model has four specific indicator of social conflict A) Communal Content B) Human needs C) Governance D) International linkage : An example of International Social conflict [ISC] 23 An Example of ISC are Bosnia, Rwanda, Somalia and Kosovo Bosnia was a problem related to state formation, Reward 21 Wibke Hansen, Oliver Ramsbothom, Tom Woodhouse, Hawks and Doves : Peacekeeping and conflict Resolution Bergh of Research Enter for Constructive conflict Mansenent Edited Version Aug 2004 22 Ibid, Page 23 Ibid, Pages 9-10 International Research Journal of Management Sociology & Humanity http:www.irjmsh.com Page 264 IRJMSH Volume Issue [Year 2014] online ISSN 2277 – 9809 an example of state control, Somalia was an eventual state collapse and Kosov o the biggest example of secession conflict 24 Another important point is that the model proposes to act as a tool for the social inclusion of failed, weak and rogue state If one follows the Constructivist model of global order then we can say that global values super imposes its value on a nation state Hence adoption of democratic model is a legitimate expectation of a ll rational actors Therefore, the idea is to incorporate these weak and failed states into the main stream of democracy through the three tools of Responsibility to Protect In this doctrine we fine a unique amalgamation of persuasive, preventive diplomacy, military action, criminal prosecution as well as methods of state building and peace building missions Hence Kant’s Perpetual Peace is now been animated and being given and activist approach through various peaceful and aggressive tools of intervention It can be said that 'Responsibility to Protect is Perpetual Peace in motion' SECTION III STATE FORMATION AND ITS RELATIONSHIP WITH RESPONSIBILITY TO PROTECT The concept of 'state building' is now a pertinent part of any peace building tool The concept of 'weak' and 'failed' states is slowly making its way into the legal framework This section deals with the concept, consequences and characteristics of week / failed states, how it has brought untold miseries in the form of civil war and loss of hum an life The new and updated concept of humanitarian interventionism in the form of Responsibility to protect is new tackling the problem in the form of state building The responsibility to rebuild tools is specifically designed to deal with problem like these The growth of failed states strikes at the very existence of a viable political order in international law The survival of a strong responsible, responsive, democratic state is important for a strong world order This is somewhat some to Kant’s model of perpetual 24 Gareth Evans, The Responsibility to Protect Ending Mass Atrocity Crimes once and for all (Washington D.C 2008) Brooking Institute Press, 2008) International Research Journal of Management Sociology & Humanity http:www.irjmsh.com Page 265 IRJMSH Volume Issue [Year 2014] online ISSN 2277 – 9809 peace but differs in one important aspect These tools help in the long term development of the states Since 1990s the traditional state versus state conflict has decreased drastically According to Peter Wallenstein and Margareta Sollenberg 94 percent of wars resulting in more than 1000 battle related deaths (the generally agreed, social scientific definition of a bonafide war), were civilian 25 This means that most of the conflicts were civil in nature In the post 9/11 Scenario, security and development are being interlinked once again This was the case in 1950 when the nature of international politics was bi polar in nature It gave rise to concept of Marshall Aid and its Russian counterpart In the 21st Century, these concept have been added to the as tool of humanitarian intervention It has been euphemized with altruistic assumption, especially with ICISS doctrine of Responsibility to protect If pushed to its logical conclusion, the new interventionism is a combination of Kant's per petual peace model having a reformatory zeal and the expansion of medieval version of Christian theology i.e Vindicae contra Tyrannos Responsibility to Rebuild and state formation : The responsibility to rebuild tools of the responsibility to protect doctrine is build to provide, particularly often a military intervention, full assistance with recovery, reconstruction and reconciliation, addressing the causes of the harm the intervention was designed to halt or avert In the words of Gareth Evans, "The best single indicator we have of the probability of future conflict is past conflict." 26 Post conflict peace building is not the end of the process of conflict resolution, it is just the beginning of a new process of conflict prevention and focuses on the structural problem of a state The responsibility to rebuild a society has the following inter related dimensions a) Achieving security b) Good governance 25 Peter Wallenstein and Margareta Sollenberg, "Armed Conflict" 1989-2000, Journal of Peace Research 38 No (2001) page 632 26 supra note 24, Page 148 International Research Journal of Management Sociology & Humanity http:www.irjmsh.com Page 266 Volume Issue [Year 2014] IRJMSH c) Justice and Reconciliation d) Economic and paid development online ISSN 2277 – 9809 The toolbox of rebuilding measures reflect the reality that very similar kinds of structural strategies are involved here as for long terms crises and conflict prevention The rebuilding tool box 27 Political / Diplomatic Measures Structural  Rebuilding governance institutions  Maximizing local ownership Economic / Social Measures  Support economic development  Social programs for sustainable peace Constitutional / Legal Measures  Rebuilding criminal justice  Managing transitional justice  Supporting traditional justice  Managing refugee returns Security Sector measures Structural   27 Peacekeeping in support of nation building Disarmament, demobilization and reintegration Ibid, Page 150 International Research Journal of Management Sociology & Humanity http:www.irjmsh.com Page 267 Volume Issue [Year 2014] IRJMSH  online ISSN 2277 – 9809 Security Sector reform Gareth Evans has given some important pointers for an ideal development and exit strategy 28 i) Sort out who should what and when and then allocate the roles and coordinate them effectively ii) Commit the necessary resources and sustain that commitment as long it takes iii) An understanding of the local political dynamics and the limits of what outsiders can iv) Have an exit strategy which is not necessarily devoted to holding early elections but with vesting real local authority and responsibility v) Exit strategy should not be confused with exit time table, outsiders should be prepared to stay subject to local consent The concept of 'Human Security' and 'Human Development' (Developed by United Nation Development Programme) have shown that the concept of human rights is essential for a viable view of human life that is possible only when the gover nment allow its citizens to live freely Therefore responsibility to Protect is a particular application of social inclusion tool , giving an opportunity to the weak states to integrate them in democratic world order , thus fulfilling Kant’s vision SECTION IV THE IMPACT OF MEDIEVAL CHRISTIAN THEOLOGY Vindiciae Contra Tyrannos , a medieval political treatise sets out a theoretical basic for something, that would in 2001 be reform as and named by International Commission on Intervention and State Sovereignty as Responsibility to Protect The VCT argued that princes had a duty to defend the subject of other princes against tyrant, abusive and oppressive and other princes have a duty to defend those subjects Responsibility to protect echoes the same ideas It declares crime against humanity war crimes, genocide, ethnic cleansing as un lawful In the 16th Century, discourse against abusive government emerged in influential treaties on political 28 Supra note 24, Page 149 International Research Journal of Management Sociology & Humanity http:www.irjmsh.com Page 268 IRJMSH Volume Issue [Year 2014] online ISSN 2277 – 9809 thought and the nascent domain of 'Law of Nations' Lawyers and statesmen, as well as philosophers and theologians, argued that tyranny and atrocity were illegitimate In the Second half of the sixteenth century, however, the right to act against tyranny and oppression was extended to Christian Princes and was characterized as duty This is reflected in "Vindiciae Contra tyrannos" (VCT), a treatise First published in the Calumnist Swiss City of Basel 1579 29 That "Vindiciae Contra Tyrannos" thus argues that all princes had a duty to defend the subjects of other princes against abusive tyranny and oppression Part and parcel of sovereignty was what could be termed an obligation to aid or duty to defend In medieval times tyranny was illegitimate and caused a legitimate ground for foreign rulers to intervene because they thereby were defending the people and ensuring their safety This idea can be said to be the intellectual father of the 21st century norm of Responsibility to Protect PRINCIPLE OF SUBSIDIARITY : John H Jackson connects the idea of "Principle of subsidiarity with "allocation" issues, in the modern and global context, which reference to policies that might suggest the need for a higher or lower level allocation of power 30 The principle of subsidiarity roughly stands for the proposition that governmental functions should be allocated, among hierarchical governmental institutions, to those as near as possible to the most concerned constituents, usually downward on the hierarchical scale It attacks the "antiquated" d efinition of sovereignty which could characterized as the nation state's power to kill its citizens, torture citizens, and engage in all sorts of arbitrariness The march is toward the sovereignty of people The idea is to have government decisions made as far down the power ladder as possible The idea is that a government closer to the constituents can better reflect the subtleties, necessary complexity and detail embodied in its decisions in a way that most benefits those constituents The Responsibility to Protect is closely linked to the principle of 'subsidiarity' This principle implies that, if the state entertaining the strongest link to a 29 Brendan Simms, and D.J.B Trim (Eds.) Humanitarian Intervention : A History (Kundli, Haryana Cambridge University Press 2011) page 32 30 John H Jackson, "Sovereignty Modern : A New Approach to An outdated Concept,, 97, America Journal of International Law (2003) Page 785 International Research Journal of Management Sociology & Humanity http:www.irjmsh.com Page 269 Volume Issue [Year 2014] IRJMSH online ISSN 2277 – 9809 situation does not assume its jurisdictional responsibility, it may forfeit its right to protest against other states jurisdictional assertions over that situation Sovereignty should no longer be used as a shield to tend off unwelcome jurisdictional assertion Sovereignty entails responsibility : the responsibility to bring their laws on internationally harmful situations In Dworkian terms it can be said that Human Right have 'TRUMPED' the traditional notion of sovereignty SECTION V CONCLUSION A combined reading of Kant , Responsibility to Protect and principles of Subsidiarity and vindicate Contra Tyrannos clearly suggest that all these concepts belonging to three different eras of time have clamped the traditional tool of sovereignty and have created an inclusive mode of inclusion for fail states Kant’s vision was to create a utopian model of Democratic states which would lead to 'World Peace' I propose to call it, "An Optimal Level of Democratization" It can be called a “Hypothetical Democratic Contract" I propose that the following stages show that the Perpetual Peace model of Kant has been the basis of humanitarian intervention and has reached its zenith with Responsibility to Protect Stage - Stage is related to the classical utopian model of Perpetual peace which Immanuel Kant had proposed Stage - This stage is related to the classical military intervention However this stage did not serve its purpose because of an aggressive military stance Stage - The third stage is represented by the Responsibility to Protect which in my analysis has three dimensions a) Persuasive - Responsibility to prevent b) Coercive - Responsibility to react c) Reconstructive - Responsibility to rebuild Another important point is that the model proposes to act as a tool for the social inclusion of failed, weak and rogue state If one follows the Constructiv ist model of global order then we can say that global values super imposes its value on a nation International Research Journal of Management Sociology & Humanity http:www.irjmsh.com Page 270 IRJMSH Volume Issue [Year 2014] online ISSN 2277 – 9809 state Hence Kant’s Perpetual Peace is now been animated and being given and activist approach It can be said that 'Responsibility to Protect is Perpetual Peac e in motion' Following is a flowchart depicting the progress of the above mentioned model PROGRESS TOWARDS OPTIMAL LEVEL OF DEMOCRATIZATION CLASSICAL MODEL OF KANT (Hypothetical Idea based on Kant's Views on rights and justice) MILITARY INTERVENTION (A conflict between human rights and state sovereignty) RESPONSIBILITY TO PROTECT (Its three dimensional approach and relation with state formation for the failed and weak states) CLAMPING OF SOVEREIGNTY THROUGH THE CONCEPTS OF MEDIEVAL CHRISTIAN THEOLOGY VINDICAE CONTRA TYRANNOS PRINCIPLE OF SUBSIDIARITY International Research Journal of Management Sociology & Humanity http:www.irjmsh.com Page 271 ... idea of a Peace Model is a loose congregation of Democratic republics who have opted to come out of the State of nature at an international level The ideas of Kant’s Perpetual peace model can... the Perpetual Peace model of Kant has been the basis of humanitarian intervention and has reached its zenith with Responsibility to Protect Stage - Stage is related to the classical utopian model. .. of Rosneau is a modern application of Immanuel Kant''s utopia ''Perpetual Peace'' Kant''s idea is built on the basic premise that liberal democracies are more peaceful and law abiding than the other