UN Security Council and Human Rights: An Inquiry into the Legal Foundations of the Responsibility to Protect in International Law

Abstract

This article examines the legal basis for the concept of the responsibility to protect (R2P) in international law. Accordingly, the article attempts to determine the extent to which various elements of the concept have already been incorporated into existing international instruments as well as in customary international law. It also ascertains the extent to which the concept has been accepted as a binding norm of international law, particularly in view of the burgeoning activities and resolutions concerning its use. The study analyses the existing provisions of major international instruments concerning the responsibility to protect, such as the Genocide Convention and Geneva Conventions, as interpreted by the International Court of Justice in its opinions. Finally, as part of the conclusion, the article evaluates the scope and limitations of the concept of R2P under international law.

Keywords

• responsibility to protect
• r2p
• sovereignty
• united nations
• un security council
• sources of international law
• genocide convention
• rome statute