Responsibility to Protect (R2P): Catch All

[LawVol]

The R2P arena is marked by Politik (politics and policy); and cannot be validly claimed (in my opinion, obviously) as an area governed by a determinative international law. That came home to me in connection with our (USAian) Libyan venture based on the UN Resolution and Presidential "Non-War Powers". While a number of voices shouted non-compliance with the War Powers Resolution and outright unconstitutionality, the salient fact was that Congress took no action opposing the President's actions. Thus, the President did not act illegally (since Congress did not act at all).

Unlike many others, but apparently in agreement with you, I also did not focus upon the "Constitutional question." However, I did see an international law issue. The Charter gives the UNSC the authority to act in cases of breach of international peace. Thus, action to eject Iraq from Kuwait had the sanction of international law. Although the UNSC did indeed act with respect to Libya, there use of this same clause was without legal justification. International law requires that a breach of peace cross international borders. Since that did not occur with respect to Libya, the UNSC had no authority to act. The question here is whether R2P has now expanded that authority.

Part 2: in looking at the Canadian input on R2P I see something broader than that set forth in the UN material. The UN material specifically sets forth genocide, war crimes, ethnic cleansing and crimes against humanity as a precursor to action. However, the Canadian material is worded a little broader. It seems to indicate authority for preemptive or preventive action, which doesn't seem to be the case with the UN wording. I believe the Canadian stuff came first, so one could look at the UN material as curtailing the Canadian position. Even so, the two positions demonstrate the inherent problems with R2P. Again, the Libyan action would indicate a much more liberal interpretation of R2P.

Of course, I may still have fog on the brain as I just completed the US-Kuwait-Bagram transient process from R&R. However, I am seriously trying to understand this R2P issue and its potential effects. You have a better grasp of these issues than I so I look forward to your thoughts.