Lesson 3 R2P Questions Flashcards
(26 cards)
What is the Uniting for Peace resolution?
UNGA Res. 377A allows the General Assembly to act when the Security Council is deadlocked due to vetoes.
Who can invoke Uniting for Peace?
The Security Council (via procedural vote) or the General Assembly (if a majority of members request an Emergency Special Session).
Can Uniting for Peace authorize use of force?
No. It can only recommend actions; it does not provide a legal basis for using force.
What are the limitations of Uniting for Peace?
It is non-binding, lacks enforcement, and relies on voluntary action by member states.
What is R2P?
A political norm with three pillars: state responsibility to protect, international assistance, and intervention if a state fails.
Does R2P allow unilateral use of force?
No. Use of force under R2P must be authorized by the UN Security Council under Chapter VII.
Who can invoke and implement R2P?
UN Member States, the Security Council, GA, HRC can invoke; States and the international community implement based on the pillar involved.
How does R2P relate to peacekeeping?
Peacekeeping supports Pillars 2 and 3, but must be consensual and UN-authorized.
Is regime change allowed under R2P?
No. R2P protects populations, not to change governments.
What is RWP?
Responsibility While Protecting is Brazil’s proposal to ensure R2P uses of force are accountable, proportionate, and overseen.
Is R2P legally binding?
No. R2P is a political commitment, not a legal obligation.
How did Denmark apply R2P in Iraq?
2003
R2p Didnt exist.
Denmark USA etc. Misinterpreted thst iraq did “material breach” and was givrn a “final opportunity”.
Why was NATO’s Libya intervention criticized?
It allegedly exceeded UNSC Res. 1973’s civilian protection mandate and led to regime change.
What is the main difference between R2P and RWP?
RWP adds stricter criteria for using force under R2P: accountability, proportionality, and oversight.
How did Libya and RWP affect R2P?
Libya was a milestone but controversial; RWP emerged as a response to prevent misuse of R2P mandates.
Is humanitarian intervention lawful?
Not under the UN Charter or customary law unless authorized by the Security Council or done in self-defense.
How is R2P different from HI?
R2P is multilateral, structured, and SC-authorized; HI can be unilateral and remains legally contested.
Why is humanitarian intervention controversial?
Because it can violate Article 2(4), is selectively applied, and risks being driven by political agendas.
Does R2P make HI obsolete?
No. HI may still be politically invoked when R2P cannot be applied due to Security Council deadlock.
What is Harold Koh’s argument for HI?
He argues HI can be justified under evolving norms for humanitarian protection, but this remains controversial.
What is the legal value of ILC Articles 25 and 31?
They offer possible justification for HI in extreme cases, but are not binding law.
Should we work toward a right to HI?
Opinions vary. Some argue for RWP instead, as a way to ensure lawful, accountable interventions.
What does the crime of aggression mean for HI?
It strengthens the legal prohibition of unauthorized force, making HI harder to justify under international law.
What does Article 52(1) of the UN Charter state?
Encourages regional organizations to resolve local disputes through peaceful means before escalating to the Security Council.
