Save

Intervention in Libya: Another Nail in the Coffin for the Responsibility-to-Protect?

In: International Community Law Review
Authors:
David Berman a)Lawyer, Herbert Smith Freehills, Sydney, Australia b)Senior Lecturer, Faculty of Law, University of New South Wales, Sydney, Australia

Search for other papers by David Berman in
Current site
Google Scholar
PubMed
Close
and
Christopher Michaelsen a)Lawyer, Herbert Smith Freehills, Sydney, Australia b)Senior Lecturer, Faculty of Law, University of New South Wales, Sydney, Australia

Search for other papers by Christopher Michaelsen in
Current site
Google Scholar
PubMed
Close
Download Citation Get Permissions

Access options

Get access to the full article by using one of the access options below.

Institutional Login

Log in with Open Athens, Shibboleth, or your institutional credentials

Login via Institution

Purchase

Buy instant access (PDF download and unlimited online access):

$40.00

Abstract

The article challenges the widespread assertion in the public and academic discourse that the military intervention in Libya was a successful first true test of the doctrine of the Responsibility to Protect (RtoP). Examining the application of the doctrine as a tool of international political decision making as well as a normative framework in international law, the article reviews relevant Security Council resolutions as well as statements made by UN Member States during the Libyan crisis. These suggest that an express invocation of RtoP would have prevented rather than facilitated the adoption of Resolution 1973 (2011) and its authorisation of the use of force to protect civilians in Libya. It is argued further that a narrower focus on ‘protecting civilians’ rather than on the broader concept of RtoP is likely to provide greater political and legal utility in preventing humanitarian catastrophes in the future, even if the Security Council’s response to the crisis in Syria has been disappointing so far.

Content Metrics

All Time Past 365 days Past 30 Days
Abstract Views 1141 234 25
Full Text Views 498 27 0
PDF Views & Downloads 506 62 1