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Research seminar public international law - assignment 3
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Research seminar public international law - assignment 3 R2P
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Assignment 3Assignment 3: The Responsibility to Protect
Name: ….
Student number: ….
Date: 26 May 2020
Course: Research Seminar International Law (working group 3)
Lecturer: Dr A. Tsampi
Word count: 1491 words (excluding front-page, footnotes and bibliography)
, Unilateral military intervention: legality vs legitimacy
In September 2018, a coalition of states parties to the Rome Statute submitted a referral of the
situation in Venezuela to the Prosecutor of the International Criminal Court, requesting the
investigation into the commission of crimes against humanity allegedly committed in
Venezuela under the Maduro government, beginning in 2014.1 Many states proclaim that
military intervention is required under the Responsibility to Protect (R2P) doctrine.
This legal advice intends to provide the Minister of Foreign Affairs with a comprehensive
overview of the legality of an individual state militarily intervening in another state based on
the Responsibility to Protect doctrine (R2P). This advice will analyse the law as it stands
today and highlight some of the current issues which exist within the context of military
intervention and the responsibility to protect doctrine. This advice principally focuses on the
lawfulness of a unilateral military intervention.2
The law on the use of force
This paragraph will discuss the law on the use of force as it is mentioned in the Charter. The
basic rule in international law is that the use of force against any state is prohibited. Article
2(4) of the Charter of the United Nations (Charter) prohibits the threat or use of force against
the territorial integrity or political independence of any state 3 and Article 2(3) of the Charter
requires that all interstate disputes are settled by peaceful means. 4 Article 2(7) of the Charter
in addition decides that the UN cannot intervene in matters which are essentially within the
domestic jurisdiction of a state.5
1
Referral of the situation in Venezuela under Article 14 of the Rome Statute submitted by the Republic of
Argentina, Canada, the Republic of Colombia, the Republic of Chile, the Republic of Paraguay and the Republic
of Peru (26 September 2018).
2
Unilateral intervention means that the intervention is carried out by one state or an ad hoc collection of states
without Security Council approval, as mentioned in Jeremy A. Haugh, ‘Beyond R2P: a proposed test for
legalizing unilateral armed humanitarian intervention’ (fall 2014) 221 Military Law Review 1, 19.
3
Charter of the United Nations (adopted 26 June 1945 entered into force 24 October 1945), 1 UNTS XVI (UN
Charter), art 2(4).
4
ibid art 2(3).
5
ibid art 2(7).
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