[PDF] Legitimacy Of Armed Intervention eBook

Author : D. J. Fowler
Publisher :
Page : pages
File Size : 50,24 MB
Release : 2012
Category : Grey literature
ISBN :

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From the late 1990s onwards, states like the United Kingdom have been seen to engage in liberal interventionism, premised on an 'ethical foreign policy', prioritising the humanitarian imperative to act in order to circumvent the constraints of international law. As such, interventions like the NATO operation in Kosovo in 1999 were accepted by the international community as an illegal but legitimate infringment of another states sovereign territory. However, the legitimacy of such humanitarian interventionism was short-lived; the misuse of altruistic, moral justifications as a veneer to hide underlying goals of state self-interest has subsequently robbed humanitarianism of its credibility as a legitimate case for military intervention. The purpose of this dissertation is to map out why this is so. By using elements of social constructivism, the aim is first to provide a theoretical basis regarding why in the international system legitimacy for the use of force is essential in the first place, before going on to examine the nature of the moral and legal concepts that statesmen use to establish that legitimacy. By showing how moral arguments have increasingly been used to circumvent legal constraints on the use of force, the concluding argument demonstrates how the mendacious use of these moral arguments has created a crisis of legitimacy for humanitarian intervention today.

Author : Taylor B. Seybolt
Publisher : Oxford University Press, USA
Page : 314 pages
File Size : 17,61 MB
Release : 2007
Category : Altruism
ISBN : 0199252432

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Military intervention in a conflict without a reasonable prospect of success is unjustifiable, especially when it is done in the name of humanity. Couched in the debate on the responsibility to protect civilians from violence and drawing on traditional 'just war' principles, the centralpremise of this book is that humanitarian military intervention can be justified as a policy option only if decision makers can be reasonably sure that intervention will do more good than harm. This book asks, 'Have past humanitarian military interventions been successful?' It defines success as saving lives and sets out a methodology for estimating the number of lives saved by a particular military intervention. Analysis of 17 military operations in six conflict areas that were thedefining cases of the 1990s-northern Iraq after the Gulf War, Somalia, Bosnia and Herzegovina, Rwanda, Kosovo and East Timor-shows that the majority were successful by this measure. In every conflict studied, however, some military interventions succeeded while others failed, raising the question, 'Why have some past interventions been more successful than others?' This book argues that the central factors determining whether a humanitarian intervention succeeds are theobjectives of the intervention and the military strategy employed by the intervening states. Four types of humanitarian military intervention are offered: helping to deliver emergency aid, protecting aid operations, saving the victims of violence and defeating the perpetrators of violence. Thefocus on strategy within these four types allows an exploration of the political and military dimensions of humanitarian intervention and highlights the advantages and disadvantages of each of the four types.Humanitarian military intervention is controversial. Scepticism is always in order about the need to use military force because the consequences can be so dire. Yet it has become equally controversial not to intervene when a government subjects its citizens to massive violation of their basic humanrights. This book recognizes the limits of humanitarian intervention but does not shy away from suggesting how military force can save lives in extreme circumstances.

Author : Chiara Redaelli
Publisher : Bloomsbury Publishing
Page : 340 pages
File Size : 30,82 MB
Release : 2021-02-25
Category : Law
ISBN : 1509940553

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This book investigates the extent to which traditional international law regulating foreign interventions in internal conflicts has been affected by the human rights paradigm. Since the adoption of the Charter of the United Nations, foreign armed interventions in internal conflicts have turned into a common practice. At first sight, it might seem that state practice has developed in a chaotic fashion, however on closer examination, specific patterns emerge. The book charts these patterns by examining the traditional doctrines of intervention and testing them against state practise. The book has two aims. Firstly, it seeks to clarify the current legal framework regulating interventions in internal conflicts. Secondly, it plots the emergence of new trends and investigates whether they are becoming part of positive international law. By taking this dual focus, it offers the first truly comprehensive examination of foreign interventions in internal conflicts.

Author : Michael P. O'Keefe
Publisher : Melbourne Univ. Publishing
Page : 258 pages
File Size : 38,57 MB
Release : 2005
Category : Political Science
ISBN : 0522851169

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Asks whether it is ethical to intervene in humanitarian crises, particularly when they occur in nation states alienated from the international community. Experts consider the moral and practical aspects of diplomatic, military, and armed humanitarian intervention in places such as Rwanda, East Timor, Bosnia, and Kosovo.

Author : Salame Ortiz Monica Alexandra
Publisher : Infinite Study
Page : 12 pages
File Size : 16,80 MB
Release : 2024-01-01
Category : Law
ISBN :

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This scientific paper analyzes the legitimacy of military interventions within the framework of international law and their potential consequences. It highlights the need to support these interventions with robust legal and moral reasoning due to their complexity and controversy in the international community. The interpretation of legal and ethical principles can be subjective and lead to disagreements among states and international actors. The consequences of military interventions are explored, ranging from loss of life and infrastructure destruction to population displacement, political instability, and humanitarian crises. Legality and proportionality in interventions are essential to ensuring their legitimacy, and the potential consequences must be carefully assessed before undertaking an intervention. Adherence to the international legal framework is crucial to prevent military interventions from being deemed violations of international law. The neutrosophic DEMATEL methodology used in the study identifies cause-and-effect relationships among key criteria related to military actions in the realm of international law. The article highlights the importance of carefully considering the legitimacy and potential consequences of military interventions within the context of international law.

Author : Cyrille J.C.F. Fijnaut
Publisher : BRILL
Page : 150 pages
File Size : 42,6 MB
Release : 2020-11-30
Category : Law
ISBN : 900444548X

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When can a state give political support to a military intervention in another state? The Government of the Netherlands commissioned an Expert Group to examine this complex, topical and time-sensitive question and to consider whether it should press for international acceptance of humanitarian intervention as a new legal basis for the use of force between states in exceptional circumstances. This volume is the result of those efforts. The Expert Group was led by Professor Cyrille Fijjnaut and consisted of Mr. Kristian Fischer, Professor Terry Gill, Professor Larissa van den Herik, Professor Martti Koskenniemi, Professor Claus Kreß, Mr. Robert Serry, Ms. Monika Sie Dhian Ho, Ms. Elizabeth Wilmshurst and Professor Rob de Wijk. Their thorough analysis and recommendations offer important insights that can aid governments in formulating a position on political support for the use of force between states and humanitarian intervention. The volume also constitutes a useful tool for scholars and practitioners in considering these difficult and important issues.

Author : Don E. Scheid
Publisher : Cambridge University Press
Page : 297 pages
File Size : 16,73 MB
Release : 2014-04-24
Category : Law
ISBN : 1107036364

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New essays on philosophical, legal, and moral aspects of armed humanitarian intervention, including discussion of the 2011 bombing in Libya.