Bruce M Landesman
- Published in print:
- 2008
- Published Online:
- January 2009
- ISBN:
- 9780199545520
- eISBN:
- 9780191721113
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso:acprof/9780199545520.003.0024
- Subject:
- Law, Medical Law
This chapter discusses humanitarian intervention in general and examines what can be said for and against it. It considers whether medical epidemics pose any new issues for the validity of such ...
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This chapter discusses humanitarian intervention in general and examines what can be said for and against it. It considers whether medical epidemics pose any new issues for the validity of such intervention. It is argued that intervention is sometimes permissible or mandatory in the face of medical epidemics. But humanitarian intervention is a tool that can be effectively used only on rare occasions. Thus, we need a better way of dealing with the recurrent problems of the world's poor, medical and otherwise.Less
This chapter discusses humanitarian intervention in general and examines what can be said for and against it. It considers whether medical epidemics pose any new issues for the validity of such intervention. It is argued that intervention is sometimes permissible or mandatory in the face of medical epidemics. But humanitarian intervention is a tool that can be effectively used only on rare occasions. Thus, we need a better way of dealing with the recurrent problems of the world's poor, medical and otherwise.
Jennifer M. Welsh (ed.)
- Published in print:
- 2003
- Published Online:
- April 2004
- ISBN:
- 9780199267217
- eISBN:
- 9780191601118
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199267219.001.0001
- Subject:
- Political Science, International Relations and Politics
The issue of humanitarian intervention has generated one of the most heated debates in international relations over the past decade, for both theorists and practitioners. At its heart is the alleged ...
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The issue of humanitarian intervention has generated one of the most heated debates in international relations over the past decade, for both theorists and practitioners. At its heart is the alleged tension between the principle of state sovereignty, and the evolving norms related to individual human rights. This edited collection examines the challenges to international society posed by humanitarian intervention in a post-September 11th world. It brings scholars of law, philosophy, and international relations together with those who have actively engaged in cases of intervention, in order to examine the legitimacy and consequences of the use of military force for humanitarian purposes. The book demonstrates why humanitarian intervention continues to be a controversial question not only for the United Nations but also for Western states and humanitarian organisations.Less
The issue of humanitarian intervention has generated one of the most heated debates in international relations over the past decade, for both theorists and practitioners. At its heart is the alleged tension between the principle of state sovereignty, and the evolving norms related to individual human rights. This edited collection examines the challenges to international society posed by humanitarian intervention in a post-September 11th world. It brings scholars of law, philosophy, and international relations together with those who have actively engaged in cases of intervention, in order to examine the legitimacy and consequences of the use of military force for humanitarian purposes. The book demonstrates why humanitarian intervention continues to be a controversial question not only for the United Nations but also for Western states and humanitarian organisations.
Simon Caney
- Published in print:
- 2005
- Published Online:
- April 2005
- ISBN:
- 9780198293507
- eISBN:
- 9780191602337
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/019829350X.003.0007
- Subject:
- Political Science, Political Theory
Focuses on the question of whether it is ever justified to intervene in the affairs of another political regime. To answer this question, the chapter begins, in Section I, with an analysis of what is ...
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Focuses on the question of whether it is ever justified to intervene in the affairs of another political regime. To answer this question, the chapter begins, in Section I, with an analysis of what is meant by humanitarian intervention, and then goes on, in Section II, to outline a cosmopolitan argument for the right, and indeed duty, of humanitarian intervention. Sections III–VI then consider four counter-arguments for a norm of non-intervention presented by ‘society of states’ theorists, realists, and nationalists; these are that humanitarian intervention is illegitimate because it fails to respect the right to self-government, is presumptuous and arrogant, destroys international stability, and rarely succeeds. Sections VII–VIII argue that there is a moral case for intervention on humanitarian grounds, and analyse the conditions that must be satisfied before intervention is attempted (VII), as well as the principles that should guide the conduct of an intervention (VIII). Section IX examines whether international law should affirm a right to humanitarian intervention, and Section X summarizes and concludes, suggesting that overall, on cosmopolitan grounds, humanitarian intervention is defensible under certain conditions, but pointing out that it is a reactive policy, and that there is a strong case to be made for tackling and preventing problems rather than responding to them after they have arisen.Less
Focuses on the question of whether it is ever justified to intervene in the affairs of another political regime. To answer this question, the chapter begins, in Section I, with an analysis of what is meant by humanitarian intervention, and then goes on, in Section II, to outline a cosmopolitan argument for the right, and indeed duty, of humanitarian intervention. Sections III–VI then consider four counter-arguments for a norm of non-intervention presented by ‘society of states’ theorists, realists, and nationalists; these are that humanitarian intervention is illegitimate because it fails to respect the right to self-government, is presumptuous and arrogant, destroys international stability, and rarely succeeds. Sections VII–VIII argue that there is a moral case for intervention on humanitarian grounds, and analyse the conditions that must be satisfied before intervention is attempted (VII), as well as the principles that should guide the conduct of an intervention (VIII). Section IX examines whether international law should affirm a right to humanitarian intervention, and Section X summarizes and concludes, suggesting that overall, on cosmopolitan grounds, humanitarian intervention is defensible under certain conditions, but pointing out that it is a reactive policy, and that there is a strong case to be made for tackling and preventing problems rather than responding to them after they have arisen.
James Pattison
- Published in print:
- 2010
- Published Online:
- May 2010
- ISBN:
- 9780199561049
- eISBN:
- 9780191722318
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199561049.003.0001
- Subject:
- Political Science, Comparative Politics, International Relations and Politics
This chapter sets the scope for the rest of the book. It outlines the problems caused by the lack of clarity surrounding who should intervene and, in doing so, identifies two specific questions that ...
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This chapter sets the scope for the rest of the book. It outlines the problems caused by the lack of clarity surrounding who should intervene and, in doing so, identifies two specific questions that the book is concerned with ‘Who has the right to intervene?’ and ‘Who has the duty to intervene?’. It also examines the changes in the responsibility to protect doctrine from the International Commission on Intervention and State Sovereignty (ICISS) report to the 2005 UN World Summit agreement. It goes on to consider two central questions in the ethics of humanitarian intervention: (a) Whether humanitarian intervention is a duty or only a right?(b) When can there be just cause for humanitarian intervention? The final section provides definitions of ‘humanitarian intervention’ and ‘legitimacy’.Less
This chapter sets the scope for the rest of the book. It outlines the problems caused by the lack of clarity surrounding who should intervene and, in doing so, identifies two specific questions that the book is concerned with ‘Who has the right to intervene?’ and ‘Who has the duty to intervene?’. It also examines the changes in the responsibility to protect doctrine from the International Commission on Intervention and State Sovereignty (ICISS) report to the 2005 UN World Summit agreement. It goes on to consider two central questions in the ethics of humanitarian intervention: (a) Whether humanitarian intervention is a duty or only a right?(b) When can there be just cause for humanitarian intervention? The final section provides definitions of ‘humanitarian intervention’ and ‘legitimacy’.
James Pattison
- Published in print:
- 2010
- Published Online:
- May 2010
- ISBN:
- 9780199561049
- eISBN:
- 9780191722318
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199561049.003.0006
- Subject:
- Political Science, Comparative Politics, International Relations and Politics
This chapter considers the claim that an intervener's humanitarian credentials—its reason for intervening—are an important determinant of its legitimacy. It distinguishes between three sorts of ...
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This chapter considers the claim that an intervener's humanitarian credentials—its reason for intervening—are an important determinant of its legitimacy. It distinguishes between three sorts of humanitarian credential: humanitarian intentions, humanitarian motives, and humanitarian outcomes. It largely rejects the importance of all three qualities (although it asserts that an intervener's intentions have definitional and instrumental importance). In doing so, it considers the moral and political relevance of mixed motives and mixed intentions for intervention. The final part of the chapter uses this analysis to consider two more practical issues. First, the chapter asserts that an intervener's selectivity in where it intervenes does not render it an illegitimate intervener. Second, it uses the earlier accounts of motives and intentions to reject the humanitarian credentials of the 2003 war in Iraq.Less
This chapter considers the claim that an intervener's humanitarian credentials—its reason for intervening—are an important determinant of its legitimacy. It distinguishes between three sorts of humanitarian credential: humanitarian intentions, humanitarian motives, and humanitarian outcomes. It largely rejects the importance of all three qualities (although it asserts that an intervener's intentions have definitional and instrumental importance). In doing so, it considers the moral and political relevance of mixed motives and mixed intentions for intervention. The final part of the chapter uses this analysis to consider two more practical issues. First, the chapter asserts that an intervener's selectivity in where it intervenes does not render it an illegitimate intervener. Second, it uses the earlier accounts of motives and intentions to reject the humanitarian credentials of the 2003 war in Iraq.
Nicholas J. Wheeler
- Published in print:
- 2002
- Published Online:
- November 2003
- ISBN:
- 9780199253104
- eISBN:
- 9780191600302
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199253102.003.0002
- Subject:
- Political Science, International Relations and Politics
Explores traditional realist and pluralist objections to the practice of humanitarian intervention in international society. It then develops a solidarist theory of humanitarian intervention that ...
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Explores traditional realist and pluralist objections to the practice of humanitarian intervention in international society. It then develops a solidarist theory of humanitarian intervention that rebuts these criticisms. A key part of the chapter lies in drawing on English School theory, constructivism, and Quentin Skinner's work to develop the claim that legitimacy is constitutive of state actions.Less
Explores traditional realist and pluralist objections to the practice of humanitarian intervention in international society. It then develops a solidarist theory of humanitarian intervention that rebuts these criticisms. A key part of the chapter lies in drawing on English School theory, constructivism, and Quentin Skinner's work to develop the claim that legitimacy is constitutive of state actions.
James Pattison
- Published in print:
- 2010
- Published Online:
- May 2010
- ISBN:
- 9780199561049
- eISBN:
- 9780191722318
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199561049.003.0007
- Subject:
- Political Science, Comparative Politics, International Relations and Politics
This chapter begins by bringing together the findings of the previous six chapters to outline the complete conception of legitimacy—the Moderate Instrumentalist Approach. It goes on to use this ...
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This chapter begins by bringing together the findings of the previous six chapters to outline the complete conception of legitimacy—the Moderate Instrumentalist Approach. It goes on to use this approach to consider to answer two central questions: (a) ‘Who has the right to intervene?’ and (b) ‘Who has the duty to intervene?’ It first suggests that any agent that has an adequate degree of legitimacy has the right to intervene. Second, it argues that the duty to intervene should fall on the most legitimate intervener. Assigning the duty to intervene raises additional issues, such as that of fairness. The chapter therefore defends the view that the most legitimate agent has the duty to intervene against three leading alternatives and the claims that this is unfair. The third section considers who, out of current agents (the NATO, the states, the UN, the regional organizations, and the private military companies), (a) has an adequate degree of legitimacy, and therefore the right to intervene, and (b) is the most legitimate agent, and therefore has the duty to intervene. It concludes that, although some agents of intervention possess an adequate degree of legitimacy, no current agent is fully legitimate.Less
This chapter begins by bringing together the findings of the previous six chapters to outline the complete conception of legitimacy—the Moderate Instrumentalist Approach. It goes on to use this approach to consider to answer two central questions: (a) ‘Who has the right to intervene?’ and (b) ‘Who has the duty to intervene?’ It first suggests that any agent that has an adequate degree of legitimacy has the right to intervene. Second, it argues that the duty to intervene should fall on the most legitimate intervener. Assigning the duty to intervene raises additional issues, such as that of fairness. The chapter therefore defends the view that the most legitimate agent has the duty to intervene against three leading alternatives and the claims that this is unfair. The third section considers who, out of current agents (the NATO, the states, the UN, the regional organizations, and the private military companies), (a) has an adequate degree of legitimacy, and therefore the right to intervene, and (b) is the most legitimate agent, and therefore has the duty to intervene. It concludes that, although some agents of intervention possess an adequate degree of legitimacy, no current agent is fully legitimate.
James Pattison
- Published in print:
- 2010
- Published Online:
- May 2010
- ISBN:
- 9780199561049
- eISBN:
- 9780191722318
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199561049.003.0008
- Subject:
- Political Science, Comparative Politics, International Relations and Politics
From the discussion in the previous chapters, it is clear that we need to improve the agents and mechanisms of humanitarian intervention so that we can legitimately tackle egregious violations of ...
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From the discussion in the previous chapters, it is clear that we need to improve the agents and mechanisms of humanitarian intervention so that we can legitimately tackle egregious violations of human rights on a much more frequent basis. This chapter therefore considers five proposals for reform: (a) the codification of criteria for humanitarian intervention in international law; (b) the extension of UN standby arrangements; (c) the creation of a small cosmopolitan UN force; (d) the creation of a large‐sized cosmopolitan UN force under the control of cosmopolitan democratic institutions; and (e) the improvement of the capacity of regional organizations to undertake humanitarian intervention.Less
From the discussion in the previous chapters, it is clear that we need to improve the agents and mechanisms of humanitarian intervention so that we can legitimately tackle egregious violations of human rights on a much more frequent basis. This chapter therefore considers five proposals for reform: (a) the codification of criteria for humanitarian intervention in international law; (b) the extension of UN standby arrangements; (c) the creation of a small cosmopolitan UN force; (d) the creation of a large‐sized cosmopolitan UN force under the control of cosmopolitan democratic institutions; and (e) the improvement of the capacity of regional organizations to undertake humanitarian intervention.
Independent International Commission on Kosovo
- Published in print:
- 2000
- Published Online:
- November 2003
- ISBN:
- 9780199243099
- eISBN:
- 9780191599538
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199243093.001.0001
- Subject:
- Political Science, International Relations and Politics
The Kosovo Report is a final product of the work by the Independent International Commission on Kosovo, established to examine key developments prior to, during, and after the Kosovo war, including ...
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The Kosovo Report is a final product of the work by the Independent International Commission on Kosovo, established to examine key developments prior to, during, and after the Kosovo war, including systematic violations of human rights in the region. The report assesses effectiveness of diplomatic efforts to prevent the war, legality of the NATO bombing campaign against Yugoslavia, and the progress of the United Nations in post‐conflict reconstruction. The Report makes a recommendation for the future status of Kosovo and proposes a new general framework for humanitarian intervention based on principles of legitimacy. It argues that the intervention by the international community in the Kosovo conflict did not so much create a precedent for intervention elsewhere as raise vital question about the legitimacy and practicability of the use of military force to defend human rights. The intervention, the Report concludes, exposed the limitations of the current international law on the balance between the rights of citizens and the rights of states; it demonstrated the difficulties that ensue when even the most sophisticated and professional military forces are deployed to achieve humanitarian goals; and it showed the immense obstacles that lie in the path of creating multi‐ethnic cooperation in societies torn apart by ethnic war.Less
The Kosovo Report is a final product of the work by the Independent International Commission on Kosovo, established to examine key developments prior to, during, and after the Kosovo war, including systematic violations of human rights in the region. The report assesses effectiveness of diplomatic efforts to prevent the war, legality of the NATO bombing campaign against Yugoslavia, and the progress of the United Nations in post‐conflict reconstruction. The Report makes a recommendation for the future status of Kosovo and proposes a new general framework for humanitarian intervention based on principles of legitimacy. It argues that the intervention by the international community in the Kosovo conflict did not so much create a precedent for intervention elsewhere as raise vital question about the legitimacy and practicability of the use of military force to defend human rights. The intervention, the Report concludes, exposed the limitations of the current international law on the balance between the rights of citizens and the rights of states; it demonstrated the difficulties that ensue when even the most sophisticated and professional military forces are deployed to achieve humanitarian goals; and it showed the immense obstacles that lie in the path of creating multi‐ethnic cooperation in societies torn apart by ethnic war.
James Pattison
- Published in print:
- 2010
- Published Online:
- May 2010
- ISBN:
- 9780199561049
- eISBN:
- 9780191722318
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199561049.003.0002
- Subject:
- Political Science, Comparative Politics, International Relations and Politics
It is often claimed that humanitarian intervention should be undertaken only by those interveners whose action would be legal according to current international law. This chapter considers this ...
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It is often claimed that humanitarian intervention should be undertaken only by those interveners whose action would be legal according to current international law. This chapter considers this assertion by assessing the moral importance of an intervener's legal status. It begins by suggesting that, according to the current international law on humanitarian intervention, UN Security Council authorization is required for an intervener's action to be legal. It then critically examines—and largely rejects—a number of possible arguments for the importance of an intervener's legal status. In particular, it considers the arguments that (a) legal interveners derive their authority from morally valuable procedures; (b) illegal humanitarian intervention is itself abusive; (c) illegal humanitarian intervention leads to abusive intervention; and (d) illegal humanitarian intervention undermines international order.Less
It is often claimed that humanitarian intervention should be undertaken only by those interveners whose action would be legal according to current international law. This chapter considers this assertion by assessing the moral importance of an intervener's legal status. It begins by suggesting that, according to the current international law on humanitarian intervention, UN Security Council authorization is required for an intervener's action to be legal. It then critically examines—and largely rejects—a number of possible arguments for the importance of an intervener's legal status. In particular, it considers the arguments that (a) legal interveners derive their authority from morally valuable procedures; (b) illegal humanitarian intervention is itself abusive; (c) illegal humanitarian intervention leads to abusive intervention; and (d) illegal humanitarian intervention undermines international order.
James Pattison
- Published in print:
- 2010
- Published Online:
- May 2010
- ISBN:
- 9780199561049
- eISBN:
- 9780191722318
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199561049.003.0005
- Subject:
- Political Science, Comparative Politics, International Relations and Politics
This chapter makes the case for the moral importance of two factors that have, to a certain extent, been neglected in the literature on humanitarian intervention. First, it argues that an ...
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This chapter makes the case for the moral importance of two factors that have, to a certain extent, been neglected in the literature on humanitarian intervention. First, it argues that an intervener's legitimacy depends on its ‘internal representativeness’. This requires an intervener's decision‐making on the proposed intervention to have internal support or, more precisely, to reflect the opinions of its citizens. Second, it argues that an intervener's legitimacy depends on its ‘local external representativeness’. This requires an intervener's decision‐making on the proposed intervention to have external support or, more precisely, to reflect the opinions of those subject to its intervention (and particularly the victims of the crisis and burdened bystanders). It presents six arguments for the importance of these two factors, three for the importance of an intervener's internal representativeness and three for the importance of its local external representativeness. The chapter concludes by largely rejecting the importance of a third potential factor—‘global external representativeness’.Less
This chapter makes the case for the moral importance of two factors that have, to a certain extent, been neglected in the literature on humanitarian intervention. First, it argues that an intervener's legitimacy depends on its ‘internal representativeness’. This requires an intervener's decision‐making on the proposed intervention to have internal support or, more precisely, to reflect the opinions of its citizens. Second, it argues that an intervener's legitimacy depends on its ‘local external representativeness’. This requires an intervener's decision‐making on the proposed intervention to have external support or, more precisely, to reflect the opinions of those subject to its intervention (and particularly the victims of the crisis and burdened bystanders). It presents six arguments for the importance of these two factors, three for the importance of an intervener's internal representativeness and three for the importance of its local external representativeness. The chapter concludes by largely rejecting the importance of a third potential factor—‘global external representativeness’.
James Pattison
- Published in print:
- 2010
- Published Online:
- May 2010
- ISBN:
- 9780199561049
- eISBN:
- 9780191722318
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199561049.003.0003
- Subject:
- Political Science, Comparative Politics, International Relations and Politics
This chapter considers the importance of an intervener's effectiveness. It outlines and defends the ‘Moderate Instrumentalist Approach’. This holds that an intervener's effectiveness is the primary ...
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This chapter considers the importance of an intervener's effectiveness. It outlines and defends the ‘Moderate Instrumentalist Approach’. This holds that an intervener's effectiveness is the primary determinant of its legitimacy. More specifically, it distinguishes between three types of effectiveness—internal effectiveness, global external effectiveness, and local external effectiveness—and goes on to argue that effectiveness is a necessary condition of an intervener's legitimacy. The second part of this chapter fleshes out the Moderate Instrumentalist Approach in more detail. It considers what sort of timescale and comparison should be used to measure an agent's effectiveness (and, consequently, considers the importance of intervention being the last resort), and delineates the qualities that an intervener needs to possess in order to be effective. The end of the chapter considers two alternative approaches. The first, the ‘Non‐instrumentalist Approach’, holds that an intervener's effectiveness is of little moral concern. The second approach gives exclusive weight to an intervener's effectiveness—the ‘Extreme Instrumentalist Approach’.Less
This chapter considers the importance of an intervener's effectiveness. It outlines and defends the ‘Moderate Instrumentalist Approach’. This holds that an intervener's effectiveness is the primary determinant of its legitimacy. More specifically, it distinguishes between three types of effectiveness—internal effectiveness, global external effectiveness, and local external effectiveness—and goes on to argue that effectiveness is a necessary condition of an intervener's legitimacy. The second part of this chapter fleshes out the Moderate Instrumentalist Approach in more detail. It considers what sort of timescale and comparison should be used to measure an agent's effectiveness (and, consequently, considers the importance of intervention being the last resort), and delineates the qualities that an intervener needs to possess in order to be effective. The end of the chapter considers two alternative approaches. The first, the ‘Non‐instrumentalist Approach’, holds that an intervener's effectiveness is of little moral concern. The second approach gives exclusive weight to an intervener's effectiveness—the ‘Extreme Instrumentalist Approach’.
Nicholas J. Wheeler
- Published in print:
- 2002
- Published Online:
- November 2003
- ISBN:
- 9780199253104
- eISBN:
- 9780191600302
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199253102.003.0007
- Subject:
- Political Science, International Relations and Politics
Analyses how the USA and UN came to intervene militarily in Somalia in 1992–94. It shows how the Security Council in Resolution 794 crossed the threshold on authorizing the use of force to end a ...
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Analyses how the USA and UN came to intervene militarily in Somalia in 1992–94. It shows how the Security Council in Resolution 794 crossed the threshold on authorizing the use of force to end a humanitarian crisis, albeit in a case where the government of the state had collapsed. It also explores why the Somali mission failed, and what lessons can be learnt from it for future humanitarian interventions.Less
Analyses how the USA and UN came to intervene militarily in Somalia in 1992–94. It shows how the Security Council in Resolution 794 crossed the threshold on authorizing the use of force to end a humanitarian crisis, albeit in a case where the government of the state had collapsed. It also explores why the Somali mission failed, and what lessons can be learnt from it for future humanitarian interventions.
Jennifer M. Welsh
- Published in print:
- 2003
- Published Online:
- April 2004
- ISBN:
- 9780199267217
- eISBN:
- 9780191601118
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199267219.003.0001
- Subject:
- Political Science, International Relations and Politics
Three main themes emerge from this edited collection. First, there has been an increased incidence of intervention for humanitarian purposes since the end of the Cold War. In these cases, the alleged ...
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Three main themes emerge from this edited collection. First, there has been an increased incidence of intervention for humanitarian purposes since the end of the Cold War. In these cases, the alleged conflict between sovereignty and human rights has been addressed in one of two ways: through an evolution in the notion of sovereignty, from ‘sovereignty as authority’ to ‘sovereignty as responsibility’; and through an expanded definition of what constitutes a threat to international peace and security under Chapter VII of the UN Charter. Second, despite this new climate of permissiveness, humanitarian intervention remains a controversial norm in international relations – largely because of continued opposition from certain members of international society, and concerns about its potentially negative consequences. Third, while the post Cold War period has seen some successful cases of intervention to address humanitarian catastrophes, the current capability of international organizations to undertake humanitarian interventions remains limited. Indeed, as the book demonstrates, the issue of humanitarian intervention has the potential to divide international institutions such as the UN and damage their credibility.Less
Three main themes emerge from this edited collection. First, there has been an increased incidence of intervention for humanitarian purposes since the end of the Cold War. In these cases, the alleged conflict between sovereignty and human rights has been addressed in one of two ways: through an evolution in the notion of sovereignty, from ‘sovereignty as authority’ to ‘sovereignty as responsibility’; and through an expanded definition of what constitutes a threat to international peace and security under Chapter VII of the UN Charter. Second, despite this new climate of permissiveness, humanitarian intervention remains a controversial norm in international relations – largely because of continued opposition from certain members of international society, and concerns about its potentially negative consequences. Third, while the post Cold War period has seen some successful cases of intervention to address humanitarian catastrophes, the current capability of international organizations to undertake humanitarian interventions remains limited. Indeed, as the book demonstrates, the issue of humanitarian intervention has the potential to divide international institutions such as the UN and damage their credibility.
James Pattison
- Published in print:
- 2010
- Published Online:
- May 2010
- ISBN:
- 9780199561049
- eISBN:
- 9780191722318
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199561049.003.0009
- Subject:
- Political Science, Comparative Politics, International Relations and Politics
This chapter considers how we can achieve legitimate humanitarian intervention in the future. The challenges are threefold. First, there are too many occasions when humanitarian intervention should ...
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This chapter considers how we can achieve legitimate humanitarian intervention in the future. The challenges are threefold. First, there are too many occasions when humanitarian intervention should be undertaken, but is not. How, then, can the general willingness of potential interveners to undertake humanitarian intervention be increased? Second, too often the most legitimate agent fails to act. How can we improve the likelihood of the most legitimate agent intervening? Third, there need to be significant reforms to the agents and mechanisms of humanitarian intervention. How can these reforms be realized? In response to these challenges, the chapter first re‐emphasizes our duties to meet these challenges. Second, it offers some proposals for amending states' perceptions of their national interest. Third, it emphasizes that humanitarian intervention is an important, but limited, part of the responsibility to protect.Less
This chapter considers how we can achieve legitimate humanitarian intervention in the future. The challenges are threefold. First, there are too many occasions when humanitarian intervention should be undertaken, but is not. How, then, can the general willingness of potential interveners to undertake humanitarian intervention be increased? Second, too often the most legitimate agent fails to act. How can we improve the likelihood of the most legitimate agent intervening? Third, there need to be significant reforms to the agents and mechanisms of humanitarian intervention. How can these reforms be realized? In response to these challenges, the chapter first re‐emphasizes our duties to meet these challenges. Second, it offers some proposals for amending states' perceptions of their national interest. Third, it emphasizes that humanitarian intervention is an important, but limited, part of the responsibility to protect.
James Pattison
- Published in print:
- 2010
- Published Online:
- May 2010
- ISBN:
- 9780199561049
- eISBN:
- 9780191722318
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199561049.003.0004
- Subject:
- Political Science, Comparative Politics, International Relations and Politics
This chapter defends the moral importance of an intervener's fidelity to the principles to jus in bello (principles of just conduct in war). It begins by outlining the particular principles of ...
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This chapter defends the moral importance of an intervener's fidelity to the principles to jus in bello (principles of just conduct in war). It begins by outlining the particular principles of ‘external jus in bello’ that an intervener should follow (focusing largely on discrimination and proportionality). It draws on Jeff McMahan's work and the nature of humanitarian intervention to claim that these principles should be highly restrictive. The chapter then asserts two principles of ‘internal jus in bello’. The second section considers more broadly the moral underpinnings of the principles of jus in bello. It claims that consequentialist justifications of these principles cannot fully grasp their moral significance and particularly the difference between doing and allowing. The final section considers the ‘Absolutist Challenge’—that the principles of jus in bello defended are too important and consequently render humanitarian intervention impermissible. After rejecting the doctrine of double effect as a solution to this challenge, the chapter invokes the scalar account of legitimacy to respond to this objection.Less
This chapter defends the moral importance of an intervener's fidelity to the principles to jus in bello (principles of just conduct in war). It begins by outlining the particular principles of ‘external jus in bello’ that an intervener should follow (focusing largely on discrimination and proportionality). It draws on Jeff McMahan's work and the nature of humanitarian intervention to claim that these principles should be highly restrictive. The chapter then asserts two principles of ‘internal jus in bello’. The second section considers more broadly the moral underpinnings of the principles of jus in bello. It claims that consequentialist justifications of these principles cannot fully grasp their moral significance and particularly the difference between doing and allowing. The final section considers the ‘Absolutist Challenge’—that the principles of jus in bello defended are too important and consequently render humanitarian intervention impermissible. After rejecting the doctrine of double effect as a solution to this challenge, the chapter invokes the scalar account of legitimacy to respond to this objection.
The Independent International Commission on Kosovo
- Published in print:
- 2000
- Published Online:
- November 2003
- ISBN:
- 9780199243099
- eISBN:
- 9780191599538
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199243093.003.0009
- Subject:
- Political Science, International Relations and Politics
Considers the international law controversy provoked by the NATO campaign in Kosovo. The central question addressed is whether the constraints imposed by international law on the non‐defensive use of ...
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Considers the international law controversy provoked by the NATO campaign in Kosovo. The central question addressed is whether the constraints imposed by international law on the non‐defensive use of force are adequate for the maintenance of peace and security. In response, considers the legality of NATO's forceful humanitarian intervention by reference to both jus ad bellum (recourse to war) and jus in bellum (lawfulness of conduct in war), and argues on behalf of legitimacy by way of an emergent framework of principled humanitarian intervention. A pre‐legal proposal is made to move in the direction of establishing a legal doctrine of humanitarian intervention that balances the clams to protect peoples against the importance of restricting discretion to use force in international relations.Less
Considers the international law controversy provoked by the NATO campaign in Kosovo. The central question addressed is whether the constraints imposed by international law on the non‐defensive use of force are adequate for the maintenance of peace and security. In response, considers the legality of NATO's forceful humanitarian intervention by reference to both jus ad bellum (recourse to war) and jus in bellum (lawfulness of conduct in war), and argues on behalf of legitimacy by way of an emergent framework of principled humanitarian intervention. A pre‐legal proposal is made to move in the direction of establishing a legal doctrine of humanitarian intervention that balances the clams to protect peoples against the importance of restricting discretion to use force in international relations.
Arthur C. Helton
- Published in print:
- 2002
- Published Online:
- November 2003
- ISBN:
- 9780199250318
- eISBN:
- 9780191599477
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199250316.003.0006
- Subject:
- Political Science, International Relations and Politics
Several broad trends provide the context for current refugee policy responses. The debate over national sovereignty and humanitarian intervention, while not new, reached a crescendo over the past ...
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Several broad trends provide the context for current refugee policy responses. The debate over national sovereignty and humanitarian intervention, while not new, reached a crescendo over the past decade as refugees and population movements more generally necessarily diminished the exclusive prerogative of state sovereignty relating to border control in the modern world. Europe is a fertile setting for the development of regional capacities that can blend military and civilian responses to humanitarian crises, both within and outside Europe, including at the North Atlantic Treaty Organization (NATO). Yet, the difficulty of protecting and assisting internally displaced persons, continues to raise basic questions about the competence of the international system and the implementation mechanisms for human rights and humanitarian law. International migration provides the broad context for the evolution of refugee policy.Less
Several broad trends provide the context for current refugee policy responses. The debate over national sovereignty and humanitarian intervention, while not new, reached a crescendo over the past decade as refugees and population movements more generally necessarily diminished the exclusive prerogative of state sovereignty relating to border control in the modern world. Europe is a fertile setting for the development of regional capacities that can blend military and civilian responses to humanitarian crises, both within and outside Europe, including at the North Atlantic Treaty Organization (NATO). Yet, the difficulty of protecting and assisting internally displaced persons, continues to raise basic questions about the competence of the international system and the implementation mechanisms for human rights and humanitarian law. International migration provides the broad context for the evolution of refugee policy.
Nicholas J. Wheeler
- Published in print:
- 2002
- Published Online:
- November 2003
- ISBN:
- 9780199253104
- eISBN:
- 9780191600302
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199253102.001.0001
- Subject:
- Political Science, International Relations and Politics
Argues that there has been a change of norm in relation to the legitimacy of humanitarian intervention in the 1990s. It shows how humanitarian justifications for the use of force lacked legitimacy in ...
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Argues that there has been a change of norm in relation to the legitimacy of humanitarian intervention in the 1990s. It shows how humanitarian justifications for the use of force lacked legitimacy in Cold War international society, focusing on the cases of India, Vietnam, and Tanzania's interventions in the 1970s. This reflected the dominance of pluralist international society thinking in shaping the legal rules and institutions of international society. By focusing on cases of intervention in Iraq, Somalia, Rwanda, Bosnia, and Kosovo, the second part of the book shows how a new solidarist conception of international society shaped Western interventions in the 1990s. In arguing that a new norm has developed that has facilitated new state actions; the book identifies two key limits to this norm: first, military intervention justified on humanitarian grounds requires UN Security Council authorization; second, whilst new norms enable new actions, they do not determine that intervention will take place when it is urgently needed as in Rwanda.Less
Argues that there has been a change of norm in relation to the legitimacy of humanitarian intervention in the 1990s. It shows how humanitarian justifications for the use of force lacked legitimacy in Cold War international society, focusing on the cases of India, Vietnam, and Tanzania's interventions in the 1970s. This reflected the dominance of pluralist international society thinking in shaping the legal rules and institutions of international society. By focusing on cases of intervention in Iraq, Somalia, Rwanda, Bosnia, and Kosovo, the second part of the book shows how a new solidarist conception of international society shaped Western interventions in the 1990s. In arguing that a new norm has developed that has facilitated new state actions; the book identifies two key limits to this norm: first, military intervention justified on humanitarian grounds requires UN Security Council authorization; second, whilst new norms enable new actions, they do not determine that intervention will take place when it is urgently needed as in Rwanda.
Simon Caney
- Published in print:
- 2005
- Published Online:
- April 2005
- ISBN:
- 9780198293507
- eISBN:
- 9780191602337
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/019829350X.001.0001
- Subject:
- Political Science, Political Theory
Examines which political principles should govern global politics. It explores ethical issues in justice that arise at the global level and addresses questions such as: are there universal values, ...
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Examines which political principles should govern global politics. It explores ethical issues in justice that arise at the global level and addresses questions such as: are there universal values, and if so, what are they; what human rights, if any, are there; are there global principles of distributive justice; should there be a system of supra-state institutions; is national self-determination defensible; when, if ever, may political regimes wage war; and is humanitarian intervention justified?The book outlines and defends an egalitarian liberal brand of cosmopolitanism to address these questions, maintaining that there are universal principles, arguing that these include universal civil and political human rights, and defending the application of global principles of distributive justice. On this basis, it makes a case for a system of supra-state political institutions to promote these universal principles of justice further. Having set out principles of ideal theory, the book then examines what principles should apply when injustices are committed. To do this it examines when political regimes may wage war and when they may engage in intervention, and thereby draws on cosmopolitan principles to derive and defend a cosmopolitan conception of just war and humanitarian intervention. In arriving at these conclusions, the book engages in a sustained analysis of the competing arguments on all the above issues, examining the arguments of nationalists, realists, and those who affirm the ideal of a society of states. To do this, the book explores and integrates the work of philosophers, political theorists, and international relations scholars, and illustrates its ethical argument and theoretical analysis with empirical examples. Furthermore, it argues that the issues examined in the book cannot be adequately treated in isolation from each other but must be treated as an interlinked whole.Less
Examines which political principles should govern global politics. It explores ethical issues in justice that arise at the global level and addresses questions such as: are there universal values, and if so, what are they; what human rights, if any, are there; are there global principles of distributive justice; should there be a system of supra-state institutions; is national self-determination defensible; when, if ever, may political regimes wage war; and is humanitarian intervention justified?
The book outlines and defends an egalitarian liberal brand of cosmopolitanism to address these questions, maintaining that there are universal principles, arguing that these include universal civil and political human rights, and defending the application of global principles of distributive justice. On this basis, it makes a case for a system of supra-state political institutions to promote these universal principles of justice further. Having set out principles of ideal theory, the book then examines what principles should apply when injustices are committed. To do this it examines when political regimes may wage war and when they may engage in intervention, and thereby draws on cosmopolitan principles to derive and defend a cosmopolitan conception of just war and humanitarian intervention. In arriving at these conclusions, the book engages in a sustained analysis of the competing arguments on all the above issues, examining the arguments of nationalists, realists, and those who affirm the ideal of a society of states. To do this, the book explores and integrates the work of philosophers, political theorists, and international relations scholars, and illustrates its ethical argument and theoretical analysis with empirical examples. Furthermore, it argues that the issues examined in the book cannot be adequately treated in isolation from each other but must be treated as an interlinked whole.
