Abstract
Objective: The paper presents a legal analysis of R2P in light of contemporary international law. It questions whether R2P is lawful as a just war (jus bellum justum) doctrine under international law, specifically under the general prohibition for the use of force pursuant to the Charter of the United Nations. The paper first analyzes the just war doctrine in light of international law; thereafter, there is a study of the legal framework for the use of force in the United Nations Charter; and, in a third step, the study of the R2P in legal light as a just war doctrine. Methodology: The research is executed through a deductive approach, its scientific objective is exploratory, and its research technique is a bibliographical and documentary survey. The methodological limit is in a legal approach of the subject from a normative perspective, focused on the legal validity of the institute under international law. Results: It is concluded from the study that R2P has legal flaws and does not stand against United Nations Charter regulation on the usage of force, notably the norm that states that the use of force in international relations is an exclusive responsibility of the United Nations Security Council. Contributions: The study shows its pertinence as an endeavor into a strictly legal analysis of a complex and highly political subject of humanitarian interventions.
| Original language | English |
|---|---|
| Pages (from-to) | 47-77 |
| Number of pages | 31 |
| Journal | Revista Jurídica |
| Volume | 2 |
| Issue number | 59 |
| DOIs | |
| Publication status | Published - 1 Apr 2020 |
Keywords
- Responsibility to Protect (R2P)
- Humanitarian Intervention
- Just War Doctrine
- United Nations Security Council
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