R2P and Protective Intervention

13 Pages Posted: 31 May 2016 Last revised: 1 Jun 2017

See all articles by Jordan J. Paust

Jordan J. Paust

University of Houston Law Center

Date Written: May 31, 2016

Abstract

This essay will be part of a festschrift in honor of Professor Henry Richardson and focuses on important issues that he raised in a keynote address on Critical Perspectives on Intervention. This essay will address three of his suggestions: (1) Charter-based limitations of Security Council authority, (2) permissible regional action by regional organizations, and (3) a textually sound and policy-serving interpretation of Article 2, paragraph 4, of the U.N. Charter that can serve human rights, self-determination of peoples, and underlying purposes of R2P. Also addressed are the propriety of related forms of self-determination assistance and collective self-defense at the request of a victimized people.

Keywords: African Charter, Article 2(4), Article 52, atrocities, crimes against humanity, collective, genocide, Grotius, human right, humanitarian, intervention, jus cogens, Kosovo, NATO, protective, R2P, regional action, regional organization, Security Council, self-defense, self-determination, U.N. Charter

Suggested Citation

Paust, Jordan J., R2P and Protective Intervention (May 31, 2016). 31 Temple Int'l & Comp. L.J. 109 (2017); U of Houston Law Center No. 2016-A-12. Available at SSRN: https://ssrn.com/abstract=2787196

Jordan J. Paust (Contact Author)

University of Houston Law Center ( email )

4604 Calhoun Road
Houston, TX 77204-6060
United States

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