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21 S.C. J. Int'l L. & Bus. 1 (2024)

handle is hein.journals/scjilb21 and id is 1 raw text is: R.I.P. R2P - AND YET IT MOVES: IT IS PREMATURE TO DECLARE THE RESPONSIBILITY TO PROTECT DEAD - NO, IT NEEDS CPR IN THE DARK AGES OF THE 2020S! * By Lily Katinka Svanberg ABSTRACT This work is about R2P and the responsibility to protect. Currently, the R2P doctrine is under serious pressure. The world climate has changed rapidly since the days of the launch of the R2P principle in 2001, and its most frequent references in 2011-2014, culminating in responsibility not to veto (RNVT) proposals in 2015. Recent grave violations of international law in the 2020s, resulting in alleged mass atrocities, have resulted in pessimism about the feasibility of R2P, and the declaration of its death. This article evaluates the 2000s decline in UNSC-mandated military action taken under Chapter VII from the perspective of R2P. Russian and Chinese vetoes in the UNSC have practically deadlocked the UNSC since the mid-2010s. Russia's annexation of Crimea, and the Syrian war, the Yemen conflict, are all conflicts where calls for R2P could not be translated into action. The imminent problem is that the veto powers make the UNSC ill-equipped to respond to mass atrocity situations. In the 2020s there is a return to the Dark Ages of the Cold War and Just War theories. Since the Russian invasion of Ukraine on February 24, 2022, the Westphalian concept of State sovereignty has been sacred. Thus, unheard went Ukrainian President Zelensky's call for a limited R2P intervention in the form of a NATO-enforced no-fly zone to save civilian lives. The unfolding in the Fall of 2023 of two other major humanitarian crises: on the 7th of October the Hamas large-scale terrorist attacks on Israel and hostage- taking with 1400 Israel casualties, and the ensuing large-scale Gaza war leaving nearly 45,000 civilians dead at the end of 2024; the forced expulsion of the Armenian-majority from the enclave of Nagorno-Karabakh in Azerbaijan, forcing 100,000 civilians to flee their homes. They were all * Doctor of Law (J.D.) Lily Katinka Svanberg, Stockholm University, Sweden, L.L.M from New York University and a visiting lecturer at West Virginia College of Law, 2023/24, and former visiting scholar at University of Miami Law School. I would like to thank Professor Cody Corliss and the Avengers Workshop, at West Virginia College of Law, for inspiring review and comments on earlier drafts of my article, and Professor and Associate Dean John Taylor for all support. Also, Professor and former Dean, Stephen J. Schnably at the University of Miami Law School, have inspired early drafts during my international post doc on R2P at the University of Miami.

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