THE RESPONSIBILITY TO PROTECT AS A GENERAL PRINCIPLE OF INTERNATIONAL LAW

The object of this essay is to explore the legal basis of the principle of RtP, a notion which has attracted deepened debate and scholarly attention within the last decade, and to determine which of its aspects have crystallized into positive international law. Therefore, the author will analyze the sources of international law as contemplated by Art. 38 of the ICJ Statute. It will be found that parts of the RtP are comprised by already existing international instruments and state practice as well as opinio juris of states and the UN support a responsibility to react to widespread human suffering.