The legal development of R2P within the norm life cycle based on actual state practice

The notion of Responsibility to Protect (R2P) was presented to the international community as a solution to redress the failings of the current legal framework. It was unanimously adopted in 2005 as part of the World Summit Outcome Document (Outcome Document) within paragraphs 138, 139 and 140.1 For the purpose of this text, these paragraphs outline the definition and framework accepted by states and represent the basis for the analysis of the development of R2P as a norm within the period of 2005-2021.

Although the issue of R2P has been discussed on various levels and time spans, its status as a norm still remains unclear. Despite the seemingly straightforward definition, to this day a definitive position or agreement on the scope or recognition of R2P as a legal norm is absent. An analysis of R2Ps position as a legal norm and its place withing the norm life cycle, will be presented, adding to the already existing debate by analysing the relevant resolutions, legal documents and most importantly state debates in light of new insights on state positions on R2P, with the intent of clarifying and uncovering the actual state practice and the consequent effects on R2P’s development as a norm of international law.

Focusing on the possibility of R2P having developed into a norm of customary international law, state practice and opinio juris of countries from every region representative of the different positions on R2P are included within the study to provide an overall overview of this development. The definition of R2P will be compared to the relevant state practice and opinio juris, as well as the prevalent widening of its scope beyond the parameters of paragraph 138-140 of the Outcome Document and how this reflects on R2P’s development. The main aim is to identify the legal position of R2P in light of the new facts and analysis presented in this text, especially regarding the Arab perspective.