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A series of humanitarian tragedies in the 1990s (Somalia, Rwanda, Srebrenica, Kosovo) demonstrated the international community's failure to protect civilians in the context of complex emergencies. They were the inspiration for two norms of protection, Responsibility to Protect (R2P) and Protection of Civilians (POC), both deeply rooted in the empathy that human beings have for the suffering of innocent people. Both norms have achieved high-level endorsement: R2P from the 2005 World Summit and its Outcome document (Art. 138-140) and POC from a series of Security Council resolutions. The two norms of protection were instrumental in adopting the Security Council Resolutions 1970 and 1973 (Libya) and 1975 (Cote d'Ivoire) in the year 2011. Both norms raise concerns of misinterpretation and misuse. They both are developing--sometimes in parallel, sometimes diverging, and sometimes converging--with varying degrees of institutionalization and acceptance. This process is likely to continue for some time, with successes and failures enhancing or retarding that development. This book engages in a profound comparative analysis of the two norms and aims to serve policymakers at different levels (national, regional, and UN), practitioners with protective roles (force commanders, military trainers, strategists, and humanitarian actors), academics and researchers (in international relations, law, political theory, and ethics), civil society, and R2P and POC advocates.
Ten new essays critique the practice armed humanitarian intervention, and the 'Responsibility to Protect' doctrine that advocates its use under certain circumstances. The contributors investigate the causes and consequences, as well as the uses and abuses, of armed humanitarian intervention. One enduring concern is that such interventions are liable to be employed as a foreign policy instrument by powerful states pursuing geo-political interests. Some of the chapters interrogate how the presence of ulterior motives impact on the moral credentials of armed humanitarian intervention. Others shine a light on the potential adverse effects of such interventions, even where they are motivated primarily by humanitarian concern. The volume also tracks the evolution of the R2P norm, and draws attention to how it has evolved, for better or for worse, since UN member states unanimously accepted it over a decade ago. In some respects the norm has been distorted to yield prescriptions, and to impose constraints, fundamentally at odds with the spirit of the R2P idea. This gives us all the more reason to be cautious of unwarranted optimism about humanitarian intervention and the Responsibility to Protect.
Essay from the year 2004 in the subject Politics - Topic: Peace and Conflict, Security, grade: 1,8, University of Edinburgh, language: English, abstract: Especially since the post-1945 era and the United Nations-establishment, international political theory has been concerned with the topic of humanitarian intervention and a complex debate, touching principles of international society and our human existence, has emerged. It focuses on two levels: the traditional debate is concerned with the arguments for and against intervention in relation to the principles of sovereignty, non-intervention and non-use of force versus global human rights norms. The critical approach to humanitarian intervention moves beyond the classical debate and its limits in providing new aspects.1 Additionally, the international society recently has to deal with lots of problems. 9/11 and the war in Iraq have given rise to new challenges and terrorism prescribes a new and unique dimension for humanitarian intervention. This essay aims to provide a clearer understanding of current issues and the complex debate concerning humanitarian intervention. Due to lack of space it can only give a rough overview about the topic. Thus it first offers a definition of humanitarian intervention and a brief historical overview about the UN. Secondly, it deals with the classical debate and related issues. The third section is concerned with critical approaches to and new ways of looking at intervention. The essay concludes by offering possible solutions to the debate. 1 The complexity of the debate has been perfectly expressed by Hoffman: “The very act of intervention and non-intervention and the justification offered tells us a great deal - about how we conceive of ourselves, how we construct our identities and how we conceive of and construct the world in which we live.” (1993: 194)
How should the international community react when a government transgresses humanitarian norms and violates the human rights of its own nationals? And where does the responsibility lie to protect people from such acts of violation? In this profound study, Fabian Klose unites a team of leading scholars to investigate some of the most complex and controversial debates regarding the legitimacy of protecting humanitarian norms and universal human rights by non-violent and violent means. Charting the development of humanitarian intervention from its origins in the nineteenth century through to the present day, the book surveys the philosophical and legal rationales of enforcing humanitarian norms by military means, and how attitudes to military intervention on humanitarian grounds have changed over the course of three centuries. Drawing from a wide range of disciplines, the authors lend a fresh perspective to contemporary dilemmas using case studies from Europe, the United States, Africa and Asia.
Whether States, coalitions of States or inter-governmental organizations can engage in humanitarian intervention lawfully without the UN Security Council ́s authorization has been debated at length. Following NATO ́s intervention in Kosovo in 1999, the international lawgiver had to act. The result was the concept of the responsibility to protect. But the fundamental question of the legality of humanitarian intervention remained. This book takes a new approach by combining legal theory and international law. Legal theory enables the concept of legal validity to be better understood and permits the question to be evaluated thoroughly in international law. The outcome is that the international lawgiver has to confront the hard problem whether or not there is enough interest for human rights protection.