Replacing The Responsibility to Protect: The Equitable Theory of Humanitarian Intervention

Ciarán Burke

Abstract


In this article, Ciarán J. Burke argues that the ‘Responsibility to Protect’ initiative has failed. Burke presents a series of fundamental flaws, both with the doctrine advanced by the ICISS, and with the subsequent attempts to incorporate it into the international legal framework. Burke opines that equity, as a source of international law, should instead be used to shed fresh light on the debate, keeping the discourse within the law and away from subjective ethics, and drafting a novel framework which he dubs ‘equitable humanitarian intervention’.

Keywords


international law, humanitarian intervention, responsibility to protect, independence, human rights law, Kosovo, Russia, Georgia, Putin, R2P, Equity, Equitable theory of humanitarian intervention

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Copyright (c) 2009 Ciarán Burke

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