The EU's politics of protecting refugees through deals such as that struck with Turkey in 2016 have been vilified by human rights campaigners. This article asks whether a full engagement with the Responsibility to Protect (RtoP) could offer the EU a way out of its current ethical and political malaise. It argues against such a proposition for two reasons. First, the EU already proclaims a long list of values that it asserts both contributed to its founding and continues to guide its actions; the addition of RtoP, which contains no obligations to protect refugees in other territories, would add little. Second, when the logic underlying the EU and RtoP's politics of protection are examined, a similarity emerges which would make such supplementation redundant. Both primarily entail a solidarity with, and a bolstering of, the sovereign capacity of the modern state. All that is offered to refugees, and other suffering populations, is a minimalist humanitarian solidarity through the “outsourcing” of protection. Neither the EU's ethos nor RtoP can therefore provide the firm ethical grounds from which to build protection for the figure most clearly failed by modern states—the refugee.

Facilitating access to asylum and other forms of refugee protection for the millions displaced by mass atrocities in Syria and Iraq is essential to the implementation of the international norm of the Responsibility to Protect (RtoP). This responsibility, however, has been disproportionately shouldered by several states in the Middle East and Europe. This article explores the challenges associated with refugee responsibility-sharing in the context of RtoP and draws on work in climate justice and political realism to articulate a framework for integrating culpability as a key criterion in allocating states’ responsibilities to protect refugees. An empirical and normative assessment of U.S. responsibilities to protect refugees in the cases of conflict-induced displacement in Syria and Iraq outlines several potential paths of culpability. The article ultimately argues for greater attention to culpability, equity, and legitimacy within the discourse surrounding RtoP and refugee protection. The article also advocates linking the benefits of refugee responsibility-sharing with states’ national interests and highlights several such links with regard to U.S. responsibilities in Syria and Iraq.