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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.
International law makes it explicit that states shall not intervene militarily or otherwise in the affairs of other states; it is a central principle of the charter of the United Nations. But international law also provides an exception; when a conflict within a state poses a threat to international peace, military intervention by the UN may be warranted. (Indeed, the UN Charter provides for an international police force, though nothing has ever come of this provision). The Charter and other UN documents also assert that human rights are to be protected—but in the past the responsibility for the protection of human rights has for the most part been allowed to rest on the government of the state where the violation of rights occurs. Not surprisingly in this context, the question of what protection (if any) should be provided by the UN or otherwise to individuals when their human rights are violated by their governments or with the complicity of their governments remains a contentious issue. Should the principle of respect for state sovereignty trump the principle of respect for human rights? Historically it has been allowed to do so, but recently it has been more and more widely argued that when states fail to respect the human rights of their citizens (or of others who reside within their boundaries), they may be held accountable for their actions. Is military humanitarian intervention justifiable? And if so, under what circumstances? Those are the questions addressed in this collection of essays. The focus of the volume is on the abstract principles involved; though reference is sometimes made to specific cases, the essays here consist primarily of philosophical reflection on the abstract issues. (A companion volume on the specific issues surrounding a particular case, Lessons of Kosovo, is being published simultaneously.)
An interdisciplinary approach to humanitarian intervention by experts in law, politics, and ethics.
Since Somalia, the international community has found itself changing its view of humanitarian intervention. Operations designed to alleviate suffering and achieve peace sometimes produce damaging results. The United Nations, nongovernmental organizations, military and civilian agencies alike find themselves in the midst of confusion and weakness where what they seek are clarity and stability. Competing needs, rights, and values can obscure even the best international efforts to quell violence and assuage crises of poverty. More attention must be paid to the complexity of issues and moral dilemmas involved. This volume of original essays by international policy leaders, practitioners, and scholars brings together insights into the conflicting moral pressures present in different kinds of interventions ranging from Rwanda and Somalia to Haiti, Cambodia, and Bosnia. From their various cultural and professional perspectives the authors cover issues of human rights, sanctions, arms trade, refugees, HIV, and the media. Together they make the case that, although there are no easy answers, moral reflection and content can improve the quality of decisionmaking and intervention in internal conflicts. Published under the auspices of The International Committee of the Red Cross.
NATO, an organisation brought together to function as an anti-communist alliance, faced existential questions after the unexpected collapse of the USSR at the beginning of the 1990s. Intervention in the conflict in Bosnia between 1992 and 1995 gave it a renewed sense of purpose and a redefining of its core mission. Abe argues that an impetus for this change was the norm dilemma that the conflict in Bosnia represented. On the one hand a state which oversaw the massacre of its civilians was in breach of international norms, but on the other hand intervention by outside states would breach the norms of sovereign integrity and non-use of force. NATO, as an international governance organisation, thus became a vehicle for avoiding this kind of dilemma. A detailed case study of NATO during the Bosnian war, this book explores how the differing views and preferences among the Western states on the intervention in Bosnia were reconciled as they agreed on the outline of NATO’s reform. It examines detailed decision-making processes in Britain, France, Germany and the USA. In particular Abe analyses why conflicting norms led to an emphasis on conflict prevention capacity, rather than simply on armed intervention capacity.
Since the end of the Cold War, humanitarian interventions have continued to evolve and respond to a wide range of political crises. These insightful essays focus on the challenges associated with interventions when facing conflict and human rights violations, unmitigated systematic violence, state re-building, human mobility and dislocation. Each chapter is linked to the rest through three defining themes that permeate the book: the evolution of humanitarian interventions in a global era; the limits of sovereignty and the ethics of interventions; and the politics of post-intervention: (re)-building and humanitarian engagement. The authors incorporate a variety of case studies including Kosovo, Timor-Leste, Syria, Libya and Iraq, and examine the complexity of interventions across their different dimensions, including relevant doctrines such as R2P, 'Use of Force' and Human Security.
The question of humanitarian intervention ́s legality remains unanswered to date. This book offers a new approach to the legality issue by combining legal theory and international law. With humanitarian intervention, hard choices still have to be made by the international lawgiver.
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.
This study examines the relevance of the Responsibility to Protect (R2P) in responding to humanitarian challenges across the world. In proposing a number of revisionist alternatives, Ercan proposes a way forward for R2P, particularly regarding its Second and Third Pillars. Despite the debate shifting from a right to intervene towards a responsibility to protect, the conceptual and systemic limitations imposed on R2P via its institutionalisation have hampered its ability to consolidate change. In light of this, Ercan argues that R2P cannot make a positive contribution towards changing the international system without first being equipped with new powers.
Despite efforts by the UN in the past two decades, the world has seen numerous intrastate conflicts emerge. Immediate worldwide reporting of such atrocities, evoking empathy for the plight of others, has led to an unseen measure of objection to repressive treatment, and the excuse of sovereignty as a defense against inhumane actions is being challenged. The relevance and importance of this topic is reflected in the origins of humanitarian intervention and the International Commission on Intervention and State Sovereignty's 2001 report titled The Responsibility to Protect (R2P) and the United Nations' (UN) subsequent adoption of the report at the World Summit in 2005. This thesis uses the constructivist approach to norms and norm development to investigate whether a norm of humanitarian intervention has emerged in the international system that is shaping the behavior of states. It proposes that norms develop in a three-stage life cycle. I suggest that the norm of humanitarian intervention, since the end of the Cold War, has developed in a manner that was initially consistent with the norm-life cycle, but more recently has deviated from the life cycle. This thesis seeks to explain why this is the case and discuss the implications of the norm of humanitarian intervention for international society.