A Comprehensive Inquiry into the Tenets of the Responsibility to Protect (R2P): A Thorough Scrutiny of its Application within the Context of the Russo-Ukrainian Conflict

  • Siddesh Dasari
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  • Siddesh Dasari

    Student at Dr. B.R Ambedkar Law College, India

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This article delves into the concept of Responsibility to Protect (R2P) as a transformative international norm designed to address mass atrocities within states, encompassing genocide, crimes against humanity, war crimes, and ethnic cleansing. Originating from the International Commission on Intervention and State Sovereignty (ICISS) in response to global inaction during the Rwandan genocide and atrocities in the Former Yugoslavia, R2P represents a paradigm shift in redefining sovereignty. The tripartite structure of R2P, focusing on prevention, reaction, and rebuilding, surpasses traditional humanitarian intervention, respecting state sovereignty. The article then examines the application of R2P in the Russo-Ukrainian scenario, where Russia's incursion into Ukraine challenges the norm. Despite the Security Council's limitations, the General Assembly's resolution condemning Russia highlights indirect acknowledgment of R2P principles. The article assesses R2P's role in the context of other international norms and contends with its imperfections, especially when faced with powerful actors. Legal justifications for intervention are explored, drawing from natural law theories and realist constructivism, while considering the challenges posed by Security Council dynamics, as evident in the Ukrainian crisis. The analysis extends to the prudential criteria for military intervention, emphasizing the balance of consequences and the universal applicability of these criteria. The conclusion acknowledges the ongoing development of the R2P paradigm, emphasizing the need for unwavering advocacy and support from policymakers. It underscores the judicious balance required between legal justifications and prudential sensibility in evaluating military force deployment. Despite challenges, the article affirms the continued relevance of R2P through various coercive measures, including military support, and highlights the norm's success in fostering global consensus and normative acceptance in addressing mass atrocities.




International Journal of Law Management and Humanities, Volume 7, Issue 1, Page 1482 - 1489

DOI: https://doij.org/10.10000/IJLMH.116881

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