Journal of Legal Research

Journal of Legal Research

The Syrian War and the Doctrine of Responsibility to protect in the International Law

Document Type : Original Article

Authors
1 Department of Law, Ghaemshahr Branch, Islamic Azad University, Ghaemshahr, Iran.
2 Department of Law, Chalus Branch, Islamic Azad University, Chalus, Iran.
Abstract
The doctrine of the responsibility to protect was approved at the United Nations Summit in 2005 and is referred to in paragraphs 138 and 139 of that document. The Syrian Arab Republic is one of the important and strategic countries in the Middle East. The efforts of the Syrian government and the international community to restore security for civilians have not prevented crimes against humanity and inhumane actions by armed groups. Military intervention in Syria under the guise of humanitarian intervention and the doctrine of the responsibility to protect are not legitimate due to their opposition to the explicit text of the United Nations Charter, the Declaration of Principles of International Law Governing Friendly Relations, the opposition of the Security Council, and their lack of basis in customary and contractual international law. An assessment of the Security Council's approach to the Syrian crisis and its relationship with humanitarian intervention, especially in the context of the "responsibility to protect" doctrine, indicates a logical inconsistency between a realistic understanding of the behavior of states and humanitarian intervention.
Keywords