International Law, NATO’s Campaign to Kill Gaddafi and the Need for a New Jus Cogens ()
ABSTRACT
This
essay surveys general and topical literature to
place the NATO campaign against Gaddafi in a historical context. The history of
war as a legal idea is examined, along with the practical limitations to
applying “international law” as currently espoused. The essay finds both
serious practical and philosophical shortcomings inherent in modern approaches
and advocates the development of a new jus
cogens based on the Right to be
Protected (R2BP) to address these flaws. If successfully implemented, the R2BP
would represent a fundamental shift in sovereignty away from States and towards
citizens, albeit vested in a professionalized United Nations office.
Share and Cite:
McNamara, T. (2018) International Law, NATO’s Campaign to Kill Gaddafi and the Need for a New
Jus Cogens.
Beijing Law Review,
9, 499-523. doi:
10.4236/blr.2018.94030.
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