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.