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  • Print publication year: 2014
  • Online publication date: June 2014

11 - Law, ethics, and the responsibility to protect

Summary

This chapter examines the roots of Responsibility to protect (RtoP) in international law and international ethics. It explores how RtoP evolved out of the crisis in Kosovo, and discusses its policy significance today in the controversial case of Libya. Domestically inflicted war crimes and crimes against humanity in non-international, civil-war conflicts are parts of international law outlawed by custom and treaties, including the Rome Statute defining the jurisdiction of the International Criminal Court. Humanitarian intervention is differentially rooted in international ethics, central and fundamental to Liberalism, marginal and instrumental to Realism, and relevant but tangential to Marxism. It is conflicted in international law, required to stop genocide, but rejected by Charter law. The UN-authorized and NATO-led intervention in Libya in March 2011 was the just-war doctrine's most important test case. The intervention in Libya joined legality (Security Council approval) to legitimacy (the cause of protecting civilians).
D’Escoto Brockmann, Miguel, Concept Note on Responsibility to Protect Populations from Genocide, War Crimes, Ethnic Cleansing and Crimes Against Humanity (UN: Office of the President of the General Assembly, July 2009)
Damrosch, Lori F., Louis Henkin, Sean D. Murphy, and Hans Smit, International Law (St. Paul: West Group, 2001), 451–66
Gierycz, D., Responsibility to Protect: A Legal and Human Rights Based Perspective (Oslo: NUPI, 2008)
Damrosch, Lori F. (ed.), Enforcing Restraint: Collective Intervention in Internal Conflicts (New York: Council on Foreign Relations Press, 1993), 10–14
Dinstein, Yoram, War, Aggression, and Self-Defence, 4th edn. (Cambridge University Press, 2005), 324
de Chazournes, Laurence Boisson and Condorelli, Luigi, “Common Article 1 for the Geneva Conventions Revisited: Protecting Collective Interests,” International Review of the Red Cross, 857 (March 31, 2000), 67–87
Holzgrefe, J.L., “The Humanitarian Intervention Debate,” in Holzgrefe, J.L. and Keohane, Robert (eds.), Humanitarian Intervention: Ethical, Legal, and Political Dimensions (Cambridge University Press, 2003), 15–52
Walzer, Michael, Just and Unjust Wars (New York: Basic Books, 1977)
Weiss, Thomas G., Humanitarian Intervention (Cambridge: Polity Press, 2007)
Vincent, J., Nonintervention and International Order (Princeton University Press, 1974)
Graham, G., “The Justice of Intervention,” Review of International Studies 13 (1987), 133–46
Tesón, Fernando R., Humanitarian Intervention: An Inquiry Into Law and Morality (New York: Transnational Publishers, 1997)
Abiew, F.K., The Evolution of the Doctrine and Practice of Humanitarian Intervention (The Hague: Kluwer Law International, 1999)
Garrett, S., Doing Good and Doing Well: An Examination of Humanitarian Intervention (Westport: Praeger, 1999)
Connor, R.W., Thucydides (Princeton University Press, 1984)
Cohen, Marshall, “Moral Skepticism and International Relations,” in Beitz, Charles R., Alexander, Lawrence A., and Scanlon, Thomas (eds.), International Ethics (Princeton University Press, 1985), 3–50
Doyle, Michael W., Ways of War and Peace (New York: W.W. Norton, 1997), 81–92
Gilbert, A., “Marx on Internationalism and War,” Philosophy and Public Affairs 7, no. 4 (1978), 353–54
Brzezinski, Z.K., The Soviet Bloc (Cambridge, Massachusetts: Harvard University Press, 1967)
Mill, John Stuart, “A Few Words on Non-Intervention” [Fraser’s Magazine, December 1859], in Essays on Politics and Culture by John Stuart Mill, edited by Himmelfarb, Gertrude (Garden City, New York: Doubleday Anchor Books, 1963)
Doyle, Michael W., “A Few Words on Mill, Walzer and Nonintervention,” Ethics & International Affairs 23, no. 4 (Winter 2009), 349–69
Ullman, R., “Human Rights and Economic Power: The United States vs. Idi Amin,” Foreign Affairs 56, no. 3 (April 1978), 529–43
Arkes, Hadley, First Things: An Inquiry into the First Principles of Morals and Justice (Princeton University Press, 1986)
Beitz, Charles, “The Reagan Doctrine in Nicaragua,” in Luper-Foy, Steven (ed.), Problems of International Justice (Boulder: Westview Press, 1988), 182–95
Luban, David, “Just War and Human Rights,” Philosophy & Public Affairs 9, no. 2 (Winter 1980), 160–81
Shue, Henry, Basic Rights: Subsistence, Affluence and US Foreign Policy, 2nd edn. (Princeton University Press, 1996)
Kofi, Annan, The Question of Intervention: Statements by the Secretary-General of the United Nations Kofi Annan (New York: United Nations, Department of Public Information, 1999), 4
Bellamy, Alex J., “Kosovo and the Advent of Sovereignty as Responsibility,” Journal of Intervention and Statebuilding 3, no. 2 (2009), 163–84
Brownlie, Ian, Principles of Public International Law, 6th edn. (Oxford University Press, 2003), 712
Independent International Commission on Kosovo, The Kosovo Report (Oxford University Press, 2000)
Nordland, Rod, “Libya Counts More Martyrs than Bodies,” New York Times, (September 16, 2011), A1
Pelham, Nicolas, “Is Libya Cracking Up?The New York Review of Books (June 21, 2012), 66–69
Walzer, Michael, “The Case Against Our Attack on Libya,” The New Republic (March 20, 2011)
Johnstone, Ian, The Power of Deliberation (Oxford University Press, 2011)
Kovanda, Karel, in “The Czech Republic on the UN Security Council,” Journal of Genocide Studies and Prevention (2010)