Tài liệu Rethinking Humanitarian Intervention docx

[...]... international law Some 3 Lepard/book 2/17/02 4 6:52 PM Page 4 The Problem of Humanitarian Intervention and International Law norms tend to support humanitarian intervention, while others tend to oppose it Legal norms tending to support humanitarian intervention include the norms of international human rights law, international humanitarian law, and international criminal law The U.N Charter itself proclaims... basis for authorizing humanitarian intervention At the same time, however, various norms in the U.N Charter and contemporary international law appear to disfavor humanitarian intervention These include the norms of state sovereignty, domestic jurisdiction, nonintervention, the pacific settlement of disputes, the nonuse of force, self-determination, and (in the case of U.N humanitarian intervention) U.N... world events either prompting actual intervention on humanitarian grounds, or at least provoking a discussion of the possibility of such intervention, are becoming more and more frequent I have accordingly found it necessary to focus on a number of case studies of interventions initiated before an arbitrary date— September of 1999 Numerous events relevant to humanitarian intervention have occurred between... Problem of Humanitarian Intervention and International Law Lepard/book 2/17/02 6:52 PM Page 2 Lepard/book 1 2/17/02 6:52 PM Page 3 The Need for a Fresh Approach 1.1 Humanitarian Intervention and International Law at the Turn of the Century Few foreign policy issues during the last decade of the twentieth century elicited as much controversy as the use of military intervention for ostensibly humanitarian. .. by humanitarian intervention under international law Because the pattern established during the last decade of the twentieth century was for most states or regional organizations to seek Security Council authorization for humanitarian intervention operations, or for the U.N itself to undertake such operations, the book devotes proportionately greater attention to such forms of Council-authorized intervention, ... proportionately greater attention to such forms of Council-authorized intervention, which I will often refer to as “U.N humanitarian intervention. ” But it also addresses the legal problems associated with intervention not authorized by the Security Council One reason that humanitarian intervention has proven so controversial from a legal perspective is that it has underscored significant conflicts among... call humanitarian intervention Most often, but with notable exceptions, including the bombing of the Federal Republic of Yugoslavia (Serbia and Montenegro) (which I will refer to as “Yugoslavia”) in the spring of 1999 by forces of the North Atlantic Treaty Organization (NATO), such intervention was conducted with authorization by the U.N Security Council Much of the controversy over humanitarian intervention. .. under international law, including the legality of various forms of humanitarian intervention, with or without a U.N blessing, and the extent to which international law regulates or ought to regulate how humanitarian intervention is conducted The debate over these international legal issues is likely to persist in the new century, as humanitarian crises continually flare up and policymakers and lawyers... prohibiting humanitarian intervention by states without Council authorization The Charter also establishes as a purpose of the U.N the development of “friendly relations among nations based on respect for the principle of equal rights and self-determination of peoples.”10 Humanitarian intervention by outside forces may be seen as interfering with the exercise of such a right of self-determination Finally, humanitarian. .. Approach 7 humanitarian intervention during the 1990s I examine six representative cases here In five of these cases the Security Council endorsed the use of force other than in strict self-defense for primarily humanitarian purposes These involved the safeguarding of humanitarian efforts and the deterrence of attacks against “safe areas” in Bosnia-Herzegovina (Bosnia); the delivery of humanitarian . and index. ISBN 0-271-02145-4 (alk. paper) 1. Humanitarian intervention. 2. Humanitarian law. 3. Humanitarian intervention Moral and ethical aspects. I Religions Relevant to Humanitarian Intervention 39 3 Identifying and Interpreting International Legal Norms Relevant to Humanitarian Intervention 99 Part