Open AccessTowards International Legitimization of the Responsibility to Protect’s Third Pillar
Author(s) -
Arsalan H. AlMizory
Publication year - 2019
Publication title -
academic journal of nawroz university
Language(s) - English
Resource type - Journals
ISSN - 2520-789X
DOI - 10.25007/ajnu.v8n3a396
Subject(s) - responsibility to protect , humanitarian intervention , sovereignty , political science , human rights , law , international law , use of force , norm (philosophy) , government (linguistics) , pillar , law enforcement , international humanitarian law , enforcement , state (computer science) , engineering , politics , linguistics , philosophy , structural engineering , algorithm , computer science
Over the past few years, the question whether international law permits the use of force not in response to existing violence but to avert and prevent mass atrocity crimes occurring within the boundaries of a sovereign State has taken on added significant in the aftermath of the humanitarian tragedies of the 1990s. Responsibility to Protect (R2P) is a complicated and emerging norm of international law, which represents the start of a new era for the United Nations (UN), seeks to provide a means for the Security Council to take enforcement measures under Chapter VII to prevent mass atrocity crimes. The research discusses that when the Security Council is deadlock and peaceful measures have been exhausted, it is important to have a legal basis of using limited armed force as a last resort in the name of humanitarian intervention, to avert overwhelmingly atrocity crimes that a government has shown it is unwilling or unable to prevent. The research analyzes the case of Syria as a case study, which demonstrates that the presence of certain conditions enables the UN Security Council to implement R2P norm to save civilian populations from mass human rights violations.