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

R2P does not constitute international law, therefore it does not have legal standing on
its own except within international customary norms and laws that already exist. It
does not enforce the duties of states to prevent and protect other state civilians from
harm and R2P is not a new customary norm. It is based on a collection of wellrecognized
and globally accepted treaties, statutes and conventions that have been put
in place to prevent and to protect. It does not give extra meaning nor add any further
responsibilities on states. It does not change international law; states are still bound to
duties that enforce the Charter of the United Nations to refrain from using force and
interfering into another state’s internal affairs. It does not add duties to states to supply
the Security Council with the means necessary to enforce international peace and
security in a timely manner. It repeats these international agreements as a declaration
of the states to remind each other that their duties are well grounded in international
law. The declaration reminds states of these duties, it does nothing to enforce them.
R2P does not contribute to the maintenance of international peace and security. The
Security Council still has the last say, each state still has to comply with the rules and
the people are still subject to the whims of the state under a state of emergency. In
effect nothing has changed and everything remains the same. R2P is just a
declaration. Its provisions however are firmly grounded in international law.
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