A Bird in the Hand is Worth Two in the Bush – On the Assumed Legal Nature of the Responsibility to Protect

in Global Responsibility to Protect
Restricted Access
Get Access to Full Text
Rent on DeepDyve

Have an Access Token?

Enter your access token to activate and access content online.

Please login and go to your personal user account to enter your access token.


Have Institutional Access?

Access content through your institution. Any other coaching guidance?



Based on the jurisprudence of the International Court of Justice that resolutions of the General Assembly can only create legal provisions in exceptional circumstances, the review of the negotiation history of the Summit Outcome Document and the recent practice of the General Assembly, the Security Council and the Human Rights Council related to the implementation of the agreement on the responsibility to protect leads to the conclusion that no new collective legal obligation has been created. Instead, the responsibility offers an opportunity to improve the implementation of existing legal obligations to protect populations from genocide, war crimes, crimes against humanity and ethnic cleansing. If used for the development of a continuum of civil and military action to prevent and halt only these exceptional crimes, the necessary practice and opinio juris might be created over time, to establish the responsibility to protect as a norm of international customary law.



Content Metrics

Content Metrics

All Time Past Year Past 30 Days
Abstract Views 13 13 6
Full Text Views 4 4 4
PDF Downloads 0 0 0
EPUB Downloads 0 0 0