From non-intervention to R2P

Abstract

This note examines the legal framework of the doctrine of humanitarian intervention and R2P. It begins by briefly describing the debate on the legality of the doctrine, including the early opinions of International Law Association, the ICJ, and the UN General Assembly as they serve as indicators of the attitudinal and perceptual changes that materialized in later stages. The note then describes how the UN Charter Article 2(4) ideals have been defeated by an expansive use of self-defence by powerful states. It is notable that the arguments in favour of self-defence originated in the pre-UN world only to be misused later with impunity after decolonisation. The birth of the notion of R2P in 2001 has served the powerful states with an opportunity to use human rights discourse to intervene in Third World countries.