Legal Aspects Of Protection Provided Within The Responsibility To Protect Framework

Abstract

Although it has been almost 15 years after the adoption of the Responsibility to Protect (R2P) with the World Summit Outcome Document under Paragraphs 138 and 139, the implementation of the principle still raises controversy. Legality of coercive methods involving the use of force or the implementation phase underlies these discussions about the principle and disrupts the normative evolution of the concept. In this sense, it is necessary to highlight and enrich other methods under R2P framework whose legality is rather uncontested. This thesis, which critically approaches to the scope of R2P, examines and evaluates the legality of the tools under the principle in depth by addressing both peaceful and coercive measures in order to ensure a consistent implementation strategy. In this regard, in order to see the acceptability and success of the methods in R2P practice, Kenya and Guinea cases—which are commonly referred to as successful R2P implementations—as well as Libya and the Ivory Coast cases—which are examples of the implementation of the controversial measure of military intervention—are examined. In order to understand the negative criticisms to R2P, the assumptions of TWAIL and Feminist International Relations (IR) theory are utilized. In the light of the findings obtained by examining the legality of these tested methods, this thesis argues that enriching and deepening the peaceful elements in the toolbox of R2P with the participation of a variety of actors would help an undisputed implementation of the principle and contribute to the removal of the obstacles before R2P’s normative development.