Philosophy on Law and the Responsibility to Protect

Abstract

This paper aims to examine the relationship between the philosophy of law and the principle of the Responsibility to Protect (R2P) in light of the transformations that have occurred in contemporary international law. Law is no longer merely a system of positive rules regulating relationships; rather, it has evolved into a philosophical and ethical framework that balances the requirements of national sovereignty with universal human rights. The paper begins by reviewing the philosophy of law as a science that examines the nature of legal rules and their justifications, using approaches such as natural law, which focuses on global justice and the inherent rights of the human being, and legal positivism, which considers legislative texts the sole source of legitimacy. The paper then turns to the principle of the Responsibility to Protect, adopted by the United Nations in 2005, which is based on three pillars: the state's responsibility to protect its citizens; the international community's responsibility to assist; and, finally, collective intervention as a last resort in the event of state failure. The paper highlights that the relationship between the philosophy of law and the Responsibility to Protect rests on three main dimensions: the moral dimension, where respect for human dignity constitutes a common foundation; the legal dimension, which reframes the concept of sovereignty from absolute power to responsibility; and the practical dimension, represented by the mechanisms of intervention and governance of the international community. The article also discusses the issues associated with the application of the principle, such as the legitimacy of intervention, the risks of selectivity and politicisation, and its consistency with various legal philosophical principles.

The study concludes that legal philosophy provides the normative basis for the responsibility to protect, while this principle gives international law a renewed humanitarian dimension that redefines sovereignty in light of duties rather than privileges. However, its success remains dependent on the international community's ability to apply it fairly and balanced, free from narrow political interests, in a manner that achieves the fundamental purpose of law: protecting humanity and preserving justice.