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

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 c...

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Main Author: S. R. Subramanian
Format: Article
Language:English
Published: Ubiquity Press 2022-06-01
Series:Utrecht Journal of International and European Law
Subjects:
Online Access:https://www.utrechtjournal.org/articles/471
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author S. R. Subramanian
author_facet S. R. Subramanian
author_sort S. R. Subramanian
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description 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.
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spelling doaj.art-2789b4eda5bd49d5aa8a48714b9e163f2022-12-22T01:21:42ZengUbiquity PressUtrecht Journal of International and European Law2053-53412022-06-0137110.5334/ujiel.471184UN Security Council and Human Rights: An Inquiry into the Legal Foundations of the Responsibility to Protect in International LawS. R. Subramanian0Indian Institute of Technology KharagpurThis 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.https://www.utrechtjournal.org/articles/471responsibility to protectr2psovereigntyunited nationsun security councilsources of international lawgenocide conventionrome statute
spellingShingle S. R. Subramanian
UN Security Council and Human Rights: An Inquiry into the Legal Foundations of the Responsibility to Protect in International Law
Utrecht Journal of International and European Law
responsibility to protect
r2p
sovereignty
united nations
un security council
sources of international law
genocide convention
rome statute
title UN Security Council and Human Rights: An Inquiry into the Legal Foundations of the Responsibility to Protect in International Law
title_full UN Security Council and Human Rights: An Inquiry into the Legal Foundations of the Responsibility to Protect in International Law
title_fullStr UN Security Council and Human Rights: An Inquiry into the Legal Foundations of the Responsibility to Protect in International Law
title_full_unstemmed UN Security Council and Human Rights: An Inquiry into the Legal Foundations of the Responsibility to Protect in International Law
title_short UN Security Council and Human Rights: An Inquiry into the Legal Foundations of the Responsibility to Protect in International Law
title_sort un security council and human rights an inquiry into the legal foundations of the responsibility to protect in international law
topic responsibility to protect
r2p
sovereignty
united nations
un security council
sources of international law
genocide convention
rome statute
url https://www.utrechtjournal.org/articles/471
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