humanitarian intervention Flashcards
distinction between the ___ of human rights and the ___ of them
rhetoric
reality
what is the norm in the international community, unless given authorization by who
• Non-intervention is commonly understood as the norm in international society and international law forbids the us of force except for purposes of self-defence and collective enforcement authorised by the UN
why was there more cases of humanitarian intervention after the cold war
Armed humanitarian intervention not a legitimate practise during cold war because states placed more value on sovereignty and order than on human rights. But there was a shift in the 1990’s
what is the legal argument for humanitarian intervention also known as
counter restrictionist
what two claim does the counter restrictionist argument rely on
firstly, the UN charter (1945) commits states to protecting fundamental human rights, and second, there is a right of humanitarian intervention in customary international law. Counter-restrictionists argue that human rights are just as important as peace and security in the UN Charter
how do critics argue against the counter restrictionist view
• Critics say that these arguments exaggerate the extent of consensus about the riles of governing the use of force, and their reading of textual provisions runs contrary to both majority legal opinion and opinion expressed but the Charters architects at the end of the Second World War
name three key points about the moral argument for humanitarian intervention
- Irrespective of what the law says, there is a moral duty to intervene to protect civilians from genocide and mass killings
- They argue that sovereignty derives from a states ability to protect its own citizens; therefore when a states fails to do so it should lose its sovereign rights
- Some point to the argument of common humanity in which all individuals have basic human rights and duties to uphold the rights of others.
- Other, like Tony Blair, argue that today’s globalized world is so integrated that massive human rights violations in one part of the world will have an effect on every part, creating moral obligations
issues with moral case for humanitarian intervention
• Granting states moral permit to intervene opens the door to potential abuse: the use of humanitarian arguments to justify wars are anything but. Also problem with those who advance moral justifications run up against the problems of how bad a humanitarian crisis has to be before force can be used
name the seven key objections against humanitarian intervention
- No basis for humanitarian intervention
- States do not intervene primarily for humanitarian reasons
- States are not allowed to risk the lives of their soldiers to save strangers
- The problem of abuse
- Selectivity of response
- Disagreement about moral principles
- Intervention does not work
what missions did public opinion have an influence on?
• Public opinion play an important role in the US, British, French and Dutch military forces intervening in Kurdistan in 1991 to create a ‘safe haven’ for Kurdish people, as well as when US intervened in Somalia in 1992 as a result of the sentiments of compassion from US citizens
humanitarian intervention example of abuse
• French intervention in Rwanda in 1994 is an example of abuse. France had propped up a one party state in Rwanda for 20 years but were anxious that the Rwandan Patriotic Front (RPF) were going to take over the country. The French only intervened in the genocide at the last moment to stop a RPF military victory but allowed genocide to continue in the neighbouring Congo. French intervention can too late as nearly 800,000 people were killed in around 100 days
what were the humanitarian and other motives for NATO’s mission in Ksovo
• NATO’s intervention in Kosovo in 1999 can be criticised for being too much. NATO claimed that intervention was justified because Serbian actions had created a humanitarian emergency by committing crimes against humanity in Kosovo. However, there was also other motives in play such as a fear that Serbian military forces would replicate the same carnage as Bosnia, the conflict would lead to a massive refugee crisis in the Balkans and that NATO were worried that if they failed to contain the crisis it would spread and engulf the region. Proves that actors have mixed motives for intervention
how did NATO’s mission in Kosovo raise questions?
- NATO’s intervention in Kosovo raised questions over how the international community should treat intervention when a state (or group of states) uses force to alleviate human suffering without the explicit authorization of the UNSC.
- Ethnic conflict escalated after NATO bombing not before it
who articulated the concept ‘Responsibility to Protect’ and what did it aim to do
• International Commission on Intervention and state sovereignty (ICISS) articulates the concept the ‘Responsibility to Protect’ and tried to shift debate from rights of interveners to rights of victims. Responsibility to protect against crimes against humanity. Its three main responsibilities were to react, prevent and rebuild
