Paul R. Williams (American University - Washington College of Law), Trevor Ulbrick, & Jonathan Worboys have posted Preventing Mass Atrocity Crimes: The Responsibility to Protect and the Syria Cases on SSRN. Here is the abstract:
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The Responsibility to Protect (“R2P”) is a complicated and “evolving norm” of international law that seeks to provide a means for the international community to prevent mass atrocity crimes occurring within the boundaries of a sovereign state. Under R2P, the use of force is reserved for actions within the UN Charter’s Chapter VII framework. As has been highlighted by the Syria crisis, this position continues to hinder efforts by the international community to protect populations from mass atrocity crimes.
Under R2P, however, the use of force is reserved for actions within the UN Charter’s Chapter VII framework. As has been highlighted by the Syria crisis, this position continues to hinder efforts by the international community to protect populations from mass atrocity crimes. In view of the Syria crisis, this article argues that when peaceful measures have been exhausted and the Security Council is deadlocked, R2P’s third pillar should allow the use of only those low intensity military options, such as no-fly zones and humanitarian safe havens, that are focused on protecting populations. This approach would advance R2P’s development by establishing specific criteria that allow for the limited use of force when the Security Council fails to act. In doing so, R2P will be able to fulfill its primary purpose of preventing mass atrocities within a sovereign state, thus reventing future tragedies similar to those that have been seen in Bosnia, Rwanda, Darfur, and now Syria.
This article first provides a background to R2P, discussing the debate surrounding the legality of “the right of humanitarian intervention”. It then proceeds to discuss the emergence of R2P, providing an overview of R2P’s third pillar, which authorizes the use of force. This article then continues to argue that R2P’s third pillar should provide for the limited use of force without Security Council authorization.
