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Responsibility to Protect and the Competence of UN organs

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Chapter Summary

The doctrine of the responsibility to protect (R2P) is based on a different conception of sovereignty, sometimes referred to as functional sovereignty. This chapter argues that the doctrine of the R2P mainly thrives in the institutional framework provided by the United Nations. It is divided into three parts. In the first, the implication of the doctrine in the framework of the law of State responsibility is examined. In the second part, the analysis focuses on the system of competence of the UN organs and specifically of the SC. The third section is devoted to the implementation of the R2P in the aftermath of the Libyan crisis. The hallmark of the R2P doctrine, which distinguishes it from the old doctrine of humanitarian intervention, is the emphasis on the duty of the international community instead of the defaulting territorial State to secure fundamental human rights.

Keywords: human rights; international community; Libyan crisis; responsibility to protect (R2P) doctrine; sovereignty; territorial State; UN organs



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