The Duty to Protect and the Reform of the
United Nations – A New Step in the
Development of International Law?
Peter Hilpold
I. Introduction
II. The Recourse to Force and the Development of the Theory of
Humantarian Intervention
III. The Call for a New Approach
IV. The Report of the International Commission on Intervention and
State Sovereignty (ICISS)
V. The High-Level-Panel Report
1. Interventions as an Execution of the Duty to Protect
2. The Right to Self-Defence
VI. The Annan Report
VII. The Further Developments
VIII. Conclusions
I. Introduction
The last years have been characterized by an intense debate on the role
of the United Nations for the shaping of the international peace order.
Probably never before in the history of this institution has world opin-
ion been so divided between those who believe in the pivotal role of the
United Nations for this task and those who have lost all hope of this or
have even tried actively to sideline the organization.
While the Cold War had for decades reduced the activities of this in-
stitution to a minimum, providing at the same time a facile excuse for
many its deficiencies, the thawing in East-West relations revealed new
fault lines and introduced challenges which the United Nations were
A. von Bogdandy and R. Wolfrum, (eds.),
Max Planck Yearbook of United Nations Law, Volume 10, 2006, p. 35-69.
© 2006 Koninklijke Brill N.V. Printed in The Netherlands.