The Contested Emerging International Norm and Practice of a Responsibility to Protect: Where are Regional Organizations?

Publication Date: 
07 March 2017
Publication Place: 
Publication Language: 
Appearing in: 
North Carolina Journal of International Law

The goal of this article is to discuss ways in which the emerging international norm of R2P can be better upheld by states and especially by regional organizations. Relying on treaty and doctrine, it presents ways in which various actors, especially regional organizations, can work at different levels to better implement the emerging international norm of R2P.

The second part presents the evolution of the R2P norm, considering whether it can be regarded as part of customary international law.

Part three explores how R2P has hitherto been implemented by the UNSC.

The fourth part dwells on the regional component of R2P expatiating on the role of such organizations in the area of R2P. It considers why the performance of these organizations has, for the most part, been disappointing in Afghanistan, Burundi, the Central African Republic, the Democratic Republic of Congo, Iraq, eastern Ukraine, and Yemen.

Part five reflects on the main findings from the regional organizations ("ROs"), moving from description to explaining the topography of ROs and involvement in R2P.

Part six then analyzes the various ways in which the different levels of governance, including the regional level, could be adapted to better implement the emerging norm.

Conclusions and prospects are summarized in part seven.