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

frameworks to intervene in a state, which is not committing war crimes or genocide. It
is followed by a section on civilian rights and lastly considers where we go from here.
The conclusion summarises material from the previous Chapters.
THESIS APPLICATION
Prior to the intervention by the North Atlantic Treaty Organisation (NATO) with
Security Council approval in Libya in 2011, there had been a tremendous amount of
application invariance of the Responsibility to Protect (R2P) doctrine (2005) by the
United Nations Security Council and the United Nations member states. 1 This
invariance extended to the academic and political community. One apparent case of
this can be seen in the data collected from United Nations discussions on R2P post
2005 and academic discourse post 2001 regarding the International Commission’s
work on State Sovereignty and State Intervention. This discourse and observational
or application invariance led the author to conduct research into the legal application
of the Responsibility to Protect (R2P) doctrine from the 2005 World Summit outcome
document, paragraphs 138 and 139.
The research has been limited to the Rule of Law to human rights and humanitarian
law as customary international law to the application of the R2P. This also meant
restricting the research by eliminating academic non-legal and political commentaries
1 See for example variations in approaches and debates from member states and NGO’s on R2P.
United Nations document A/63/PV.97, General Assembly debates on R2P, 97 th plenary meeting,
Thursday 23 July 2009, 3pm New York, as well as A/63/PV.100, General Assembly debates, 100 th
plenary meeting, Tuesday, 28 July 2009, 10am, New York; A/63/PV.98, 98 th plenary meeting,
Friday, 24 July 2009, 10am, New York; A/63/PV.99, 99 th plenary meeting, Friday, 24 July 2009,
3pm, New York; A/63/PV.101, 101 st plenary meeting, Tuesday, 28 July 2009, 3pm, New York;
A/63/677 United Nations General Assembly sixty-­‐third session, Agenda items 44 and 107, 12
January 2009, Report of the Secretary-­‐General, Implementing the Responsibility to Protect;
A/64/PV.89, United Nations General Assembly, 89 th plenary meeting, Friday, 21 May 2010, 10am,
New York; A/64/PV.88, United Nations General Assembly sixty-­‐fourth session, 88 th plenary
meeting, Thursday, 20 May 2010, 3pm, New York; A/63/PV.105, United Nations General
Assembly sixty-­‐third session, 105 th plenary meeting, Monday, 14 September 2009, 10am, New
York; A/HRC/18/NGO/86, United Nations General Assembly, Human Rights Council, Eigteenth
session, Agenda item 3, Joint written statement submitted by the Indian Movement ‘Tupaj Amaru’,
a non-governmental organisation in special consultive status, the World Peace Council, a nongovernmental
organisation on the roster; E/C.2/2009/2/Add.3, United Nations Economic and
Social Council, Committee on Non-­‐Governmental Organisations, 2009 regular session, 19-­‐28
January 2009, Quadrennial reports for the period 2004-2007 submitted by non-governmental
organisations in consultive status with the Economic and Social Council through the Secretary-
General pursuant to Council resolution 1996/31; A/HRC/10/NGO/71, United Nations General
Assembly, Human Rights Council, teenth session, Agenda item4, 26 February 2009; A/65/PV.15,
United Nations General Assembly, sixty-­‐fifth session, 15 th plenary meeting, Friday, 24 September
2010, 3pm, New York.
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