The security Council's Responsibility to Protect
In: International Organizations Law ReviewSearch for other papers by Anne Peters in
Current site
Google Scholar
Abstract
The objective of this paper is to spell out the legal consequences of the concept "responsibility to protect" (R2P), postulated as a binding legal principle of international law, for the Security Council and its members. The paper is a thought experiment, because the binding legal force of R2P is not settled. My argument is that, once R2P is accepted as a full-fledged legal principle, the Security Council (and its members) would be under a legal obligation to authorize or to take sufficiently robust action in R2P situations. The paper then discusses the problems engendered by the acceptance of such a material obligation and suggests a procedural obligation to justify inaction instead.
Purchase
Buy instant access (PDF download and unlimited online access):
Institutional Login
Log in with Open Athens, Shibboleth, or your institutional credentials
Personal login
Log in with your brill.com account
| All Time | Past Year | Past 30 Days | |
|---|---|---|---|
| Abstract Views | 1161 | 230 | 13 |
| Full Text Views | 418 | 23 | 2 |
| PDF Views & Downloads | 496 | 59 | 6 |
The security Council's Responsibility to Protect
In: International Organizations Law ReviewSearch for other papers by Anne Peters in
Current site
Google Scholar
PubMed
Abstract
The objective of this paper is to spell out the legal consequences of the concept "responsibility to protect" (R2P), postulated as a binding legal principle of international law, for the Security Council and its members. The paper is a thought experiment, because the binding legal force of R2P is not settled. My argument is that, once R2P is accepted as a full-fledged legal principle, the Security Council (and its members) would be under a legal obligation to authorize or to take sufficiently robust action in R2P situations. The paper then discusses the problems engendered by the acceptance of such a material obligation and suggests a procedural obligation to justify inaction instead.
| All Time | Past Year | Past 30 Days | |
|---|---|---|---|
| Abstract Views | 1161 | 230 | 13 |
| Full Text Views | 418 | 23 | 2 |
| PDF Views & Downloads | 496 | 59 | 6 |