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

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 politic...

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Veröffentlicht in:International community law review 2012, Vol.14 (4), p.337-358
Hauptverfasser: Berman, David, Michaelsen, Christopher
Format: Artikel
Sprache:eng
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Zusammenfassung: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.
ISSN:1871-9740
1871-9732
1871-9732
DOI:10.1163/18719732-12341235