%0 Journal Article
%T International Law, NATO¡¯s Campaign to Kill Gaddafi and the Need for a New <i>Jus Cogens</i>
%A Timothy S. McNamara
%J Beijing Law Review
%P 499-523
%@ 2159-4635
%D 2018
%I Scientific Research Publishing
%R 10.4236/blr.2018.94030
%X 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 <i>jus
cogens</i><i> </i>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.
%K Libya Model
%K Just War
%K International Law
%K R2P
%K R2BP
%U http://www.scirp.org/journal/PaperInformation.aspx?PaperID=87490