Replacing The Responsibility to Protect: The Equitable Theory of Humanitarian Intervention

In this article, Ciarán J. Burke argues that the ‘Responsibility to Protect’ initiative has failed. Burke presents a series of fundamental flaws, both with the doctrine advanced by the ICISS, and with the subsequent attempts to incorporate it into the international legal framework. Burke opines that...

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Bibliographic Details
Main Author: Ciarán Burke
Format: article
Language:EN
Published: Amsterdam Law Forum 2009
Subjects:
Law
K
Online Access:https://doaj.org/article/2c999110ba864524b6cce4a80321bd11
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Summary:In this article, Ciarán J. Burke argues that the ‘Responsibility to Protect’ initiative has failed. Burke presents a series of fundamental flaws, both with the doctrine advanced by the ICISS, and with the subsequent attempts to incorporate it into the international legal framework. Burke opines that equity, as a source of international law, should instead be used to shed fresh light on the debate, keeping the discourse within the law and away from subjective ethics, and drafting a novel framework which he dubs ‘equitable humanitarian intervention’.