Disputed Norms in International Security and the Changing Notion of Sovereignty: R2P and the Dilemma of Military Interventions

• Author: Cornelia-Adriana Baciu
• Pages: 120-124

(2018) 17 COLR 120

120

DISPUTED NORMS IN INTERNATIONAL SECURITY AND THE CHANGING

NOTION OF SOVEREIGNTY: R2P AND THE DILEMMA OF MILITARY

INTERVENTIONS

Cornelia-Adriana Baciu

Dear Editor,

The Responsibility to Protect, or R2P, is a disputed norm in international security, mainly due

to the changing notion of sovereignty and the dilemma surrounding the legality of military

interventions on humanitarian grounds. In the aftermath of ethnic-based mass violence in

Rwanda, Somalia and Kosovo, R2P, which is based on a three pillar mechanism, was

unanimously adopted through the United Nations (UN) General Assembly (GA) Resolution

A/RES/60/1, with the aim of preventing ‘genocide, war crimes, ethnic cleansing and crimes

against humanity.’

1

Under R2P, the international community is collectively responsible for

militarily intervening in imminent situations of mass atrocities (Pillar III of R2P), after

peaceful measures of prevention such as assistance, diplomatic relations, sanctions or arms

embargoes under Pillar I and II are inefficient.

R2P was enshrined in Chapter VII (Articles 39-51) of the UN Charter, which normatively rests

on the jus ad bellum principle, the right to conduct war. This principle was established by the

just war theory (jus bellum iustum) of Roman jurisprudence.

2

While opponents of the just war

tradition argue that war is essentially unjustifiable, adepts of jus ad bellum claim that the

violation of the non-interference principle by the aggressor generates the right to self-defence

and defensive retaliation, cited from Article 51 of the UN Charter.

3

R2P extended this

provision to domestic contexts of breaches of peace, setting thus international military

interventions under the UN mandate as a mechanism to protect domestic populations from

mass atrocities or aggression, as was the case in Darfur and Libya.

4

Authorisation from a

1

UNGA Res 60/1 (adopted 24 October 2005) UN Doc A/RES/60/1.

2

Benedict Kingsbury and Benjamin Straumann, The Roman Foundations of the Law of Nations: Alberico Gentili

and the Justice of Empire (Oxford University Press 2010).

3

Jus ad bellum principle of the just war traditio n is activated by six principles; just cause, legitimate authority,

reasonable prospects of success, proportionality, last resort and aim of achieving peace.

4

Jess Gifkins, ‘R2P in the UN Security Council: Darfur, Libya and Beyond’ ( 2016) 51(2) Cooperation and

Conflict 148.