Article

Humanitarian Intervention

Dino Kritsiotis

in International Law

ISBN: 9780199796953
Published online March 2012 | | DOI: http://dx.doi.org/10.1093/obo/9780199796953-0021
Humanitarian Intervention

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  • Private International Law and Conflict of Laws
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This article begins with an assessment of the conceptual parameters of “humanitarian intervention” that occur and recur within the literature. It will be apparent that there are various meanings attached to the concept of humanitarian intervention, and that it is critical to understand what particular proposition authors are addressing when they invoke the term. The issue has become especially pronounced in view of the UN Security Council and its powers under Chapter VII of the Charter of the United Nations, by which, historically, humanitarian intervention has been treated as a “right” or entitlement of states to go to war (or, as would be said today, to threaten or use force) independent of any institutional authorization. This explains the itemization of humanitarian intervention under the classic rubric of the jus ad bellum. Once the various conceptual parameters have been canvassed, the historical treatments of humanitarian intervention shall be considered, taking on some of the iconic representations of humanitarian intervention in the literature; this is then followed by general works on the concept, setting it in the much more contemporary context of the Cold War, but also after the Cold War. Critical approaches have developed, too, and these shall be analyzed alongside the rather limited jurisprudence that has emerged on humanitarian intervention from the International Court of Justice. In the penultimate section, the main representations of humanitarian intervention after the Cold War are assessed, before the article concludes with a sense of the turn to regulation—the arguments and efforts that have been made to not only recognize a “right” of humanitarian intervention but to set down predicates for its exercise in practice.

Article.  9520 words. 

Subjects: International Law ; International Courts and Tribunals ; Private International Law and Conflict of Laws ; Public International Law

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