[PDF] Humanitarian Intervention And The Legitimacy Of The Use Of Force eBook

Author : George P. Fletcher
Publisher : Oxford University Press
Page : 288 pages
File Size : 24,14 MB
Release : 2013-02-01
Category : Law
ISBN : 0199927057

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In Defending Humanity, internationally acclaimed legal scholar George P. Fletcher and Jens David Ohlin, a leading expert on international criminal law, tackle one of the most important and controversial questions of our time: When is war justified? When a nation is attacked, few would deny that it has the right to respond with force. But what about preemptive and preventive wars, or crossing another state's border to stop genocide? Was Israel justified in initiating the Six Day War, and was NATO's intervention in Kosovo legal? What about the U.S. invasion of Iraq? In their provocative book, Fletcher and Ohlin offer a groundbreaking theory on the legality of war with clear guidelines for evaluating these interventions. The authors argue that much of the confusion on the subject stems from a persistent misunderstanding of the United Nations Charter. The Charter appears to be very clear on the use of military force: it is only allowed when authorized by the Security Council or in self-defense. Unfortunately, this has led to the problem of justifying force when the Security Council refuses to act or when self-defense is thought not to apply--and to the difficult dilemma of declaring such interventions illegal or ignoring the UN Charter altogether. Fletcher and Ohlin suggest that the answer lies in going back to the domestic criminal law concepts upon which the UN Charter was originally based, in particular, the concept of "legitimate defense," which encompasses not only self-defense but defense of others. Lost in the English-language version of the Charter but a vital part of the French and other non-English versions, the concept of legitimate defense will enable political leaders, courts, and scholars to see the solid basis under international law for states to intervene with force--not just to protect themselves against an imminent attack but also to defend other national groups.

Author : Martha Finnemore
Publisher : Cornell University Press
Page : 188 pages
File Size : 36,42 MB
Release : 2013-01-15
Category : Political Science
ISBN : 0801467063

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Violence or the potential for violence is a fact of human existence. Many societies, including our own, reward martial success or skill at arms. The ways in which members of a particular society use force reveal a great deal about the nature of authority within the group and about its members' priorities. Martha Finnemore uses one type of force, military intervention, as a window onto the shifting character of international society. She examines the changes, over the past 400 years, in why countries intervene militarily as well as in the ways they have intervened. It is not the fact of intervention that has altered, she says, but rather the reasons for and meaning behind intervention—the conventional understanding of the purposes for which states can and should use force. Finnemore looks at three types of intervention: collecting debts, addressing humanitarian crises, and acting against states perceived as threats to international peace. In all three, she finds that what is now considered "obvious" was vigorously contested or even rejected by people in earlier periods for well-articulated and logical reasons. A broad historical perspective allows her to explicate long-term trends: the steady erosion of force's normative value in international politics, the growing influence of equality norms in many aspects of global political life, and the increasing importance of law in intervention practices.

Author : John Janzekovic
Publisher : Ashgate Publishing, Ltd.
Page : 240 pages
File Size : 15,35 MB
Release : 2006-01-01
Category : Political Science
ISBN : 9780754648505

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Humanitarian intervention is a many layered and complex concept. This study analyzes the various ethical positions, particularly consequentialism, welfare-utilitarianism and just war theory to unravel this intricate topic and provides a rounded reflection on the lessons learned from the revival of humanitarian intervention as a tool of conflict resolution.

Author : C. A. J. Coady
Publisher : Oxford University Press
Page : 233 pages
File Size : 42,39 MB
Release : 2018
Category : Philosophy
ISBN : 019881285X

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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.

Author : Richard Falk
Publisher : Routledge
Page : 235 pages
File Size : 27,94 MB
Release : 2014-08-21
Category : Political Science
ISBN : 1317644395

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In the aftermath of the Cold War there has been a dramatic shift in thinking about the maintenance of peace and security on a global level. This shift is away from a preoccupation with how to prevent major wars between sovereign states to a preoccupation about non-state transnational warfare and violence and strife within states in a world order that continues to be juridically and politically delimited by spatial ideas of national sovereignty and national independence as signified by international boundaries. In this book, Richard Falk draws upon these changes to examine the ethics and politics of humanitarian intervention in the 21st Century. As well as analysing the theoretical and conceptual basis of the responsibility to protect, the book also contains a number of case studies looking at Iraq, Afghanistan, Kosovo and Syria. The final section explores when humanitarian intervention can succeed and the changing nature of international political legitimacy in countries such as India, Tibet, South Africa and Palestine. This book will be of interest to students of International Relations theory, Peace Studies and Global Politics.

Author : Philip Alston
Publisher : Oxford University Press
Page : 309 pages
File Size : 14,2 MB
Release : 2008-09-11
Category : Business & Economics
ISBN : 0199552711

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This collection presents an analysis of the imperatives of sovereignty, human rights and national security in the post 9/11 era, and examines their relationship to procedural and substantive legitimacy in liberal democratic states

Author : Aleksandar Jokic
Publisher : Broadview Press
Page : 164 pages
File Size : 49,68 MB
Release : 2003-02-21
Category : Philosophy
ISBN : 9781551114897

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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.)