The Responsibility to Protect and the Responsibility While Protecting: Why Did Brazil Write a Letter to the UN?

Abstract

The responsibility to protect was invoked by the United Nations (UN) Security Council in support of its authorization of a military intervention in Libya in 2011. In the wake of the intervention, Brazil approached the UN with a new doctrine: the responsibility while protecting. The responsibility while protecting implies a greater degree of caution on the part of the international community in its exercise of the responsibility to protect. Intentionally or unintentionally, Brazil mixes aspects of the jus ad bellum with aspects of the jus in bello in the new doctrine. This is controversial and potentially detrimental to both areas of law. An additional layer of limitations on the use of armed force in multinational peace operations is introduced beyond the existing restrictions on warfare following from international humanitarian law. A lack of clarity pertaining to the use of force and to the respective roles of the Security Council and the General Assembly in this respect in the exercise of the responsibility to protect contribute to making the responsibility while protecting seem increasingly enigmatic. Interpreted constructively, however, the responsibility while protecting simply urges the international community to follow international law. This would be good.