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

international law. Secondly, Article 3 declares every state has the duty to refrain from
intervention in internal or external affairs of another state, emphasizing the United
Nations Charter, Chapter I, Article 4:
“All members shall refrain in their international relations from the threat or
use of force against the territorial integrity or political independence of any
state or in any other manner inconsistent with the purposes of the United
Nations”.
Article 6 of the Draft Declaration on Rights and Duties of States (1949) declares that
every state has the duty to treat all persons under its jurisdiction with respect for
human rights and fundamental freedoms, without distinction as to race, sex, language
and religion. Reiterating the preamble of the Charter of the United Nations,
‘We the peoples … reaffirm faith in fundamental human rights in the dignity
and worth of the human person, in the equal rights of men and women and of
nations large and small’. 48
Article 7 of the draft declaration on Rights and Duties of States (1949) declares every
state has the duty to ensure that conditions prevailing in its territory do not menace
international peace and order. R2P describes prevention and protection of civilians as
the duty to protect civilians from harm this duty firstly remains with the state. 49
Article 9 declares that every state has the duty to refrain from resorting to war as an
instrument of national policy and to refrain from the threat or use of force against
territorial integrity or political independence or in any other manner inconsistent with
international law and order. Once again reiterating the Charter under Article 2 (4).
Article 10 that declares that every state has the duty to refrain from giving assistance
to any state that is acting in violation of Article 9, or against the United Nations in
taking preventative measures or enforced action against a state. Article 13 declares
that every state has the duty to carry out in good faith its obligations arising from
treaties and other sources of international law and it may not invoke its provisions in
its constitution or its laws as an excuse for failure to perform this duty. This particular
article has been integrated into Article 27 of the Vienna Convention on the Law of
48 United Nations. (1945). The Charter of the United Nations. San Francisco: United Nations, p3
49 See United Nations. (2005). 2005 World Summit Outcome. General Assembly. United Nations
paragraph 138
23