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46 Denv. J. Int'l L. & Pol'y 373 (2017-2018)
The Need to Reform Humanitarian Interventions Authorized by Security Council Resolutions and the Responsibility to Protect Doctrine

handle is hein.journals/denilp46 and id is 395 raw text is: 











         THE   NEED TO REFORM HUMANITARIAN INTERVENTIONS
       AUTHORIZED BY SECURITY COUNCIL RESOLUTIONS AND
                THE   RESPONSIBILITY TO PROTECT DOCTRINE


                                                                Quiwana   N. Chaney*


I. INTRODUCTION

     Since  its creation in 1945, the  United  Nations  (U.N.) has  established  laws
prohibiting genocide'  and  torture,2 forbidding the mistreatment  of civilians,' and
recognizing  basic human  rights' in efforts to end war and promote   peace, justice,
and better living for all mankind.5 While  these agreements   are nearly universally
accepted,'  and have  done  much   to, for the first time in human  history, provide
international legal protections for people,7 their existence has  done little to deter
atrocities during the past half-century.t The  international community   adopted  the


* Quiwana Chaney is a graduate of the University of Denver Sturm College of Law and of the
University of Alabama. She served as Editor in Chief of Denver Journal of International Law and
Policy and Online Editor of Denver Law Review. She would like to thank Professor Nanda for his
support in writing this Comment. She would also like to thank Jeremy Goldstein and the editors and
staff of Denver Journal of International Law and Policy.
     1. Convention on the Prevention and Punishment of the Crime of Genocide, Dec. 9, 1948, 78
U.N.T.S. 277.
     2. Convention Against Torture and Other Cruel, Inhuman or Degrading  Treatment or
Punishment, Dec. 10, 1984, 1465 U.N.T.S. 85 [hereinafter CAT).
     3. International Convention on the Elimination of All Forms of Racial Discrimination, Dec. 21,
1965, 660 U.N.T.S. 195 [hereinafter CERD]; International Covenant on Civil and Political Rights, Dec.
16, 1966, 999 U.N.T.S. 171 [hereinafter ICCPR]; International Covenant on Economic, Social and
Cultural Rights, Dec. 16, 1966, 993 U.N.T.S. 3 [hereinafter CESCR]; Convention on the Elimination of
All Forms of Discrimination Against Women, Dec. 18, 1979, 1249 U.N.T.S. 13 [hereinafter CEDAW];
Convention on the Rights ofthe Child, Nov. 20, 1989, 1577 U.N.T.S. 3 [hereinafter CRC].
     4. Universal Declaration of Human Rights, Dec. 10, 1948, GA Res. 217A (III), UN Doc A/810
at 71; Alex J. Bellamy & Nicholas J. Wheeler, Humanitarian Intervention in World Politics (2008),
http://cadair.aber.ac.uk/dspace/bitstream/handle/2160/1925/
Wheeler0/o2c%20Bellamy.pdf?sequence=1 &isAllowed=y.
     5.  1945:     The     San      Francisco     Conference,    UNITED      NATIONS,
http://www.un.org/en/sections/history-united-nations-charter/1945-san-francisco-
conference/index.html.
     6. International Human Rights Law, UNITED  NATIONS HUM.  RTS.  OFF. OF THE  HIGH
COMMISSIONER,    http://www.ohchr.org/EN/Professionallnterest/Pages/InternationalLaw.aspx  (last
visited Nov. 30, 2016).
     7. Id.
     8. Hannah Moscrop, Enforcing International Human Rights Law: Problems and Prospects, E-
INTERNATIONAL  RELATIONS STUDENTS  (Apr. 29, 2014), http://www.e-ir.info/2014/04/29/enforcing-
international-human-rights-law-problems-and-prospects/ (last visited Nov. 30, 2016) (stating Whilst


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