Where is R2P grounded in international law? Anne-Marie Judson A ...

Thirdly, Paragraph 138 of the 2005 World Summit outcome document states that the
governments accept this responsibility and will act in accordance with it. This
statement is not an added responsibility; it adds nothing new to international law. The
state is already bound by their duties in international law to prevent and protect their
citizens from genocide and war crimes and therefore crimes against humanity and
ethnic cleansing in international law.
Fourthly, the international community should as appropriate, encourage and help
states to exercise this responsibility and support the United Nations in establishing an
early warning system. Other than bringing the violators of breaches of international
binding treaties to the attention of the ICJ, the states themselves cannot interfere in
the territorial integrity or internal affairs of another state. States must request help to
receive help. Each state of the United Nations however has a duty to work within the
principles and purposes of the Charter in order to refrain from using force for the
purpose of international peace and security; they have the responsibility to support the
United Nations and the Security Council in the maintenance of the peace. The
United Nations’ individual organisations have separate responsibilities entailed in
their philosophies and constitutions that provide the framework for early warning
systems. These systems are in place and the United Nations therefore has the
responsibility to ensure that the information is provided to the states and the Security
Council in a timely manner so that decisions can be made. In light of this no
additional responsibility can be added to the existing international laws already in
place.
Fifthly, paragraph 139 of the 2005 World Summit outcome document says the
international community, through the United Nations, also has the responsibility to
use as appropriate diplomatic humanitarian and other peaceful means in accordance
with Chapters VI and VIII of the Charter to help to protect populations from
genocide, war crimes, ethnic cleansing and crimes against humanity, again reinforcing
already existing international laws in the Charter.
Sixthly, paragraph 139 of the 2005 World Summit outcome document states that
each member of the United Nations is prepared to take collective action, in a timely
and decisive manner, through the Security Council in accordance with the Charter,
including Chapter VII, on a case-by-case basis and in co-operation with relevant
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