APPLYING THE RESPONSIBILITY TO PROTECT AND INSTANT CUSTOMARY INTERNATIONAL LAW IN CONFLICTS: COMPARATIVE ANALYSIS OF NATO's INTERVENTION IN KOSOVO AND THE 2023 ISRAEL-HAMAS CONFLICT

Abstract

This article delves into NATOs involvement in Kosovo and the 2023 Israel Hamas conflict, specifically looking at actions taken without approval from the UNSC. By examining the concepts of Responsibility to Protect (R2P) and Instant Customary International Law (ICIL), this analysis evaluates how these interventions align with changing norms and significance of opinio juris in establishing ICIL. The study investigates the applications and challenges associated with R2P and ICIL, suggesting alignment of UN Charter Article 103 with interventions lacking UNSC authorisation to prioritise rights over procedural requirements.