The Responsibility to Protect in Libya and Syria Mass Atrocities, Human Protection, and International Law

This book offers a novel and contemporary examination of the ‘responsibility to protect’ (R2P) doctrine from an international legal perspective and analyses how the doctrine was applied within the Libyan and Syrian conflicts as two recent and highly significant R2P cases.The book dissects each of R2P’s three component pillars to examine their international legal underpinnings, drawing upon diverse legal frameworks – including the laws of the UN, laws of international organisations, human rights law, humanitarian law, criminal law, environmental law, and laws of State responsibility – to extract conclusions regarding existing and emerging host and third-State obligations to prevent and react to mass atrocity crimes. It uses this legal grounding to critically examine specific aspects of the Libyan and Syrian R2P cases, engaging with some of the more traditional debates surrounding R2P’s application, most notably those that pertain to the use of force (or lack thereof), but also exploring some of the less-researched non-military methods that were or could have been employed by States and international organisations to uphold the doctrine. Such an analysis captures the diversity in the means and actors through which R2P can be implemented and allows for the extraction of more nuanced conclusions regarding the doctrine’s strengths and limitations, gaps in enforceability, levels of State support, and future trajectory.The book will be of interest to scholars and students in the field of international law and human rights law.

Table of ContentsList of Cases AcknowledgmentsList of Acronyms Chapter 1: Introduction 1.1 This Book at a Glance 1.1 Book Structure Chapter 2: Contextualising the Emergence of the Responsibility to Protect 2.1 Introduction 2.2 Ongoing Trends in the International Legal System2.2.1 From Bilateralism to Community Interests 2.2.2 From Discretion to Obligation2.3 Emergence of R2P2.4 ConclusionChapter 3: R2P’s Pillar 13.1 Introduction 3.2 Defining the Mass Atrocity Crimes3.2.1 Genocide 3.2.2 War Crimes 3.2.3 Crimes Against Humanity 3.2.4 Ethnic Cleansing 3.3 ConclusionChapter 4: R2P’s Pillar 24.1 Introduction4.2 Pillar 2 under International Law4.2.1 Responsibility or Obligation? 4.2.2 Relevant (Emerging) International Legal Norms4.3 ConclusionChapter 5: R2P’s Pillar 35.1 Introduction5.2 Existing and Emerging Obligations to React to Mass Atrocity Crimes5.2.1 Genocide 5.2.2 War Crimes 5.2.3 Article 41 of the Articles on State Responsibility5.2.4 Working towards an R2P Pillar 3 Obligation5.3 UN Security Council5.3.1 The Permanent Veto 5.3.2 Alternatives to the UN Security Council 5.3.2.1 Uniting for Peace Mechanism 5.3.2.2 Regional Authorisation 5.4 Conclusion Chapter 6: The Application of R2P to the Libya Case 6.1 Introduction 6.2 Regional Organisations6.2.1 Libya’s Suspension from the League of Arab States 6.2.2 Regional Influence on International Action6.3 UN Human Rights Council and General Assembly6.4 UN Security Council6.4.1 Security Council Resolution 1970 6.4.2 Security Council Resolution 1973 6.5 NATO6.5.1 R2P and Regime Change6.5.2 Interpretation of UN Security Council Resolutions6.5.3 Ordinary Meaning of UNSC Resolution 19736.5.4 Object and Purpose of UNSC Resolution 19736.5.5 Supplementary Tools of Interpretation Pertaining to UNSC Resolution 19736.6 Conclusion Chapter 7: The Application of R2P to the Syria Case 7.1 Introduction 7.2 UN Security Council7.2.1 R2P in the UN Security Council7.2.2 The Permanent Veto 7.2.3 General Measures7.2.4 Chemical Weapons7.2.5 Humanitarian Access7.2.6 Accountability7.2.7 Civilian Protection7.2.8 Concluding Thoughts on the UN Security Council7.3 League of Arab States7.4 Non-State Actors7.5 International Coalition against ISIS7.6 Conclusion Chapter 8: Conclusion Bibliography

Dr Yasmine Nahlawi is Research & Policy Coordinator at Rethink Rebuild Society through which she serves as an analyst and expert commentator on the Syrian R2P situation. She has presented in both UK and EU Parliaments and appears regularly on television and radio forums including Channel 4 and various BBC programmes to comment upon developments within the conflict. She holds a PhD in Public International Law and an LLM in International Legal Studies from Newcastle University, as well as a BSc in Political Science from Eastern Michigan University.