Due diligence implies to minimum standards that disrespect to them lead to responsibility of the state. In fact, International Humanitarian Law is associated with jus ad bellum and includes a set of rules that are govern on the war time and are considered to be protective. But the scope in the Humanitarian Law is not obvious and moreover recognition of doctrine of Responsibility to Protect would amount to the question that whether breach of due diligence bring Responsibility to Protect for state and international community? What is the threshold of state’s responsibility under the International Humanitarian Law? When this threshold lead to responsibility to protect? Our hypothesis in this article is that if states violate from due diligence in respecting human rights, responsibility to protect would create. Therefore, governments to avoid being held responsible, must adhere to their obligations in time of war. In this study we used library and Internet resources with a descriptive- analytic approach.