In revisiting a selection of the literature about this topic, this article briefly considers the historical development of the Responsibility to Protect (R2P) and the gap between legality and legitimacy it is designed to bridge. It goes on to critically reflect upon its application in Libya, arguing that R2P is posed as a simple solution to a complex problem. It considers how this intervention represents the culmination of a legal trajectory that finds it origins in colonialism. While it remains a rhetorically compelling legal doctrine, it falls apart in practice. Such an outcome behoves international legal thinkers to reflect upon the normative value of the doctrine and critically consider humanitarian objectives when they are used to justify war. At present, failure to do so is gravely undermining the legitimacy and universality of international law. If international legal thinkers are genuinely committed to upholding universal human rights principles, an alternative must be to create consistency in how crimes against humanity are defined and acted upon. The example of Libya raises fundamental questions as to the capacity of international law to create pathways to peace and justice.
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D Rothwell, ‘Reponsibility to Protect, Not Reason to Invade’ The Drum, 21 April 2011, available at: <http://www.abc.net.au/unleashed/97706.html>.
A. Slaughter, ‘Fiddling while Libya Burns,’ New York Times, 13 March 2011, available at: <http://www.nytimes.com/2011/03/14/opinion/14slaughter.html?_r=1>.
D. Batty, ‘CIA Worked with Libya in Terror Suspect Renditions, Documents Show’ The Guardian, 3 September 2011, available at: <http://www.guardian.co.uk/world/2011/sep/03/cia-libya-terror-suspect-renditions>.
See D. Vanderwalle, ‘The Many Qaddafis,’ New York Times, 23 February 2011, available at: <http://www.nytimes.com/2011/02/24/opinion/24vandewalle.html>: ‘after years of sanctions by the United States and the international community, a much older but equally combative Colonel Qaddafi was seemingly rehabilitated by the West.’
B Saul, ‘Bombing for Humanity is Not a Paradox’ The Drum, 22 March 2011, available at: <http://www.abc.net.au/unleashed/45328.html>.
P Escobar, ‘Exposed: the US-Saudi Libya Deal,’ Asia Times, 2 April 2011, available at: <http://www.atimes.com/atimes/Middle_East/MD02Ak01.html>.
M Berube, ‘Libya and the Left: Benghazi and After’ The Point, Spring 2012, available at: <http://www.thepointmag.com/2011/politics/libya-and-the-left#refmark-1>.
L Stack, ‘Protests Shake Libya’s Interim Government’ The New York Times, 22 January 2012, available at: <http://www.nytimes.com/2012/01/23/world/africa/protests-shake-libyas-interim -government.html?pagewanted=1&hp>.
M Habboush and A Shuaib, ‘Militias may drag Libya into civil war: NTC Chief’ Reuters (online), 4 January 2012, available at: <http://www.reuters.com/article/2012/01/04/us-libya -idUSTRE80301120120104>.
J Donati and A Shuaib, ‘Libya Central Bank Looks to IMF amid Cash Crisis’ Reuters, 3 November 2011, available at: <http://www.reuters.com/article/2011/11/03/us-libya-cbank -idUSTRE7A22K420111103>.
Editorial, ‘The Libya Intervention,’ The Nation, available at: <http://www.thenation.com/article/159454/libya-intervention>.
J Elliot, ‘Obama Quietly Sells Arms to Human Rights-abuser Bahrain,’ Salon (31 January 2012), available at: <http://www.salon.com/2012/01/30/obama_quietly_sells_arms_to_human _rights_abuser_bahrain/singleton/>.
All Time | Past 365 days | Past 30 Days | |
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In revisiting a selection of the literature about this topic, this article briefly considers the historical development of the Responsibility to Protect (R2P) and the gap between legality and legitimacy it is designed to bridge. It goes on to critically reflect upon its application in Libya, arguing that R2P is posed as a simple solution to a complex problem. It considers how this intervention represents the culmination of a legal trajectory that finds it origins in colonialism. While it remains a rhetorically compelling legal doctrine, it falls apart in practice. Such an outcome behoves international legal thinkers to reflect upon the normative value of the doctrine and critically consider humanitarian objectives when they are used to justify war. At present, failure to do so is gravely undermining the legitimacy and universality of international law. If international legal thinkers are genuinely committed to upholding universal human rights principles, an alternative must be to create consistency in how crimes against humanity are defined and acted upon. The example of Libya raises fundamental questions as to the capacity of international law to create pathways to peace and justice.
All Time | Past 365 days | Past 30 Days | |
---|---|---|---|
Abstract Views | 1910 | 286 | 4 |
Full Text Views | 573 | 57 | 6 |
PDF Views & Downloads | 645 | 126 | 10 |