The Responsibility to Protect Doctrine: Customary International Law, an Emerging Legal Norm, or Just Wishful Thinking

Authors

Peter Stockburger

First Page

365

Abstract

The purpose of this article is to examine the scope and purpose of this new R2P doctrine, providing a conceptual framework for determining whether the doctrine has, to any degree, reached the level of customary international law or, conversely, is simply an emerging norm within the international legal community. Near its completion, this paper seeks to examine the current debates over the legitimacy of intervention pursuant to the R2P doctrine, either multilateral or unilateral, and what effect these debates are having on the codification and practical application of the R2P doctrine. To achieve this above stated purpose, this article will be separated into three parts: Part I will discuss the development and history of the R2P doctrine; Part II will discuss the operational and legal components of the R2P doctrine; and Part III will analyze what dimensions of the R2P doctrine, if any, have risen to the level of customary international law.

Recommended Citation

Peter Stockburger, The Responsibility to Protect Doctrine: Customary International Law, an Emerging Legal Norm, or Just Wishful Thinking, 5 Intercultural Hum. Rts. L. Rev. 365 (2010).
Available at: https://scholarship.stu.edu/ihrlr/vol5/iss1/13