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Amsterdam Law Forum 2012
Replacing The Responsibility to Protect: The Equitable Theory of Humanitarian InterventionKeywords: international law , humanitarian intervention , responsibility to protect , independence , human rights law , Kosovo , Russia , Georgia , Putin , R2P , Equity , Equitable theory of humanitarian intervention Abstract: In this article, Ciar n J. Burke argues that the a€ Responsibility to Protecta€ initiative has failed. Burke presents a series of fundamental flaws, both with the doctrine advanced by the ICISS, and with the subsequent attempts to incorporate it into the international legal framework. Burke opines that equity, as a source of international law, should instead be used to shed fresh light on the debate, keeping the discourse within the law and away from subjective ethics, and drafting a novel framework which he dubs a€ equitable humanitarian interventiona€ .
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