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Foxes in the henhouse: Legal critique of the 'Jus Bellum Justum' doctrine for humanitarian intervention through the responsibility to protect

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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 languageEnglish
Pages (from-to)47-77
Number of pages31
JournalRevista Jurídica
Volume2
Issue number59
DOIs
Publication statusPublished - 1 Apr 2020

Keywords

  • Responsibility to Protect (R2P)
  • Humanitarian Intervention
  • Just War Doctrine
  • United Nations Security Council

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