Responsibility and obligation in the ‘Responsibility to Protect’

Abstract

AbstractThis article takes up Louise Arbour's claim that the doctrine of the ‘Responsibility to Protect’ is grounded in existing obligations of international law, specifically those pertaining to the prevention and punishment of genocide. In doing so, it argues that the aspirations of the R2P project cannot be sustained by the idea of ‘responsibility’ alone. The article proceeds in arguing that the coherence of R2P depends on an unacknowledged and unarticulated theory of obligation that connects notions of culpability, blame, and accountability with the kind of preventive, punitive, and restorative action that Arbour and others advocate. Two theories of obligation are then offered, one natural the other conventional, which make this connection explicit. But the ensuing clarity comes at a cost: the naturalist account escapes the ‘real’ world to redeem the intrinsic dignity of all men and women, while the conventionalist account remains firmly tethered to the ‘real’ world in redeeming whatever dignity can be had by way of an agreement. The article concludes by arguing that the advocate of the responsibility to protect can have one or the other, but not both.