Francis Deng et al.

, Sovereignty as Responsibility: Conflict Management in

Africa (Washington, D.C.: Brookings Institution Press, 1996

Daniel Philpott, Sovereignty, in Edward N. Zalta, ed., Stanford Encyclopedia of

Philosophy (Summer 2010 Edition)

Krasner, Sovereignty: Organized Hypocrisy

Bertrand de Jouvenel, Sovereignty: An Inquiry into the Political Good (Cambridge:

CambridgeUniversity Press, 1957).

Hurst Hannum, Autonomy, Sovereignty, and Self-Determination: The Accommodation of

Conicting Rights (Philadelphia: University of Pennsylvania Press, 1990)

Tyra R. Saechao, Natural Disasters and the Responsibility to Protect: From Chaos to Clarity,

32 Brook. J. Int'l L. (2007).

The State carries the primary responsibility for protecting populations from genocide, war

crimes, crimes against humanity and ethnic cleansing, and their incitement; the international

community has a responsibility to encourage and assist States in fulfilling this responsibility.

The international community also has a responsibility to use appropriate diplomatic,

1
humanitarian and other means to protect populations from these crimes. If a State is manifestly

failing to protect its populations, the international community must be prepared to take

collective action to protect populations, in accordance with the Charter of the United Nations.2

1
J.W. Samuels, The Relevance of International Law in the Prevention and Mitigation of
Natural Disasters, in DISASTER ASSISTANCE: APPRAISAL, REFORM AND NEW
APPROACHES, supra note 17, at 24748
2
UN General Assembly Resolution A/RES/63/308 on the Responsibility to Protect.
The forfeiture of sovereignty views a States sovereign status as conditional upon its ability to

protect the human rights of its people.3 Modern view of sovereignty acknowledges the

sovereign status of state as conditional upon those States recognizing obligation of their

people.4

When disaster-affected States alone cannot adequately protect their disaster-stricken

populations or when they are unable or unwilling to provide relief, then intervention from the

international community of States in the form of humanitarian assistance becomes necessary

to protect the livelihoods of natural disaster victims.5

State of Kritistan was well aware of the natural calamity and its imminent danger, despite that

it failed to take adequate steps to prevent the loss of life and destruction. The concerns raised

by the people of Shiviland were ignored and the state failed to take preventive measure. The

state had shown utter disregard to its citizens and has failed to uphold the human rights of its

citizens. Four days, from 02.02.2016 to 06.02.2016, 600 hundred children were trapped in the

cave and were not rescued by Kritistan6.

The act of evacuation by Modus was in order to provide humanitarian assistance and has not

breached the sovereignty.

3
Elizabeth E. Ruddick, The Continuing Constraint of Sovereignty: International Law,
International Protection, and the Internally Displaced, 77 B.U. L. REV. 429, 462 (1997).
4
Emeka Duruigbo, Permanent Sovereignty and Peoples Owner- ship of Natural Resources in
International Law, 38 GEO. WASH. INTL L. REV. 33, 49 (2006).
5
PETER MACALISTER-SMITH, INTERNATIONAL HUMANITARIAN ASSISTANCE:
DISASTER RELIEF ACTIONS IN INTERNATIONAL LAW AND ORGANIZATION 3
(1985), p.52.
6
Proposition 7.
The state soverinity comes into question when it fails to protect its own citizens from genocide,

war, crimes or a natural disaster. Soverinity in todays view of international law is dependent

and conditional upon the states ability to protect its own citizen. In such a situation when the

state fails to protect its own citizens in the case of natural calamities, there is obligation on the

international community to come up and provide necessary help to protect the livelihood of the

victims of the natural calamity.

In the present situation, it is humbly submitted that the Sate of Kritistan was well aware of the

situation of its citizens residing in Shiviland. The state failed to to take adequet step to prevent

such wide distruction and to save the lives of the people affected, there was utter disrard toward

the lives of the citizens, the children were trapped in the cave for 4 days without any assistance

from the state, hence it is humbly submitted that the intervention of Modus was necessary to

provide humanitarian assistance and hence it did not breach the sovrenity of t