Responsibility to Protect in the Age of Global Terror: A Methodological Reassessment

Ten years after its formal adoption, the R2P doctrine remains an incomplete project in a world of continuing conflicts now aggravated by the existential threat of global terrorism. The debate on the permissibility of military action to stop mass atrocities when authorisation to use force is not forthcoming from the Security Council has produced only a plurality of conflicting theories but hardly any progress at the normative level. A two-pronged approach could be used to consolidate R2P as a doctrine fully integrated into the corpus of international law. The first prong requires the revamping of the largely neglected Article 48 of the ILC Draft on State Responsibility; the second involves using R2P as a platform to initiate a reform of customary international law to make it more consistent with elementary principles of justice and universal human rights.
Keywords: R2P; terrorism; use of force; humanitarian intervention; human rights