ensure humanitarian intervention does not become “a smokescreen for bullies” (Weiss, 2004: 142). This is precisely what the ICISS has achieved with its report Responsibility to Protect.
As has been echoed in this essay the ICISS focuses on the notion that with sovereignty comes responsibility, specifically the responsibility to protect human rights (Evans et al., 2001: 12). Thus, it is primarily the duty of the state to uphold human rights. However, “Where a population is suffering serious harm, as a result of internal war, insurgency, repression or state failure, and the state in question is unwilling or unable to halt or avert it, the principle of non-intervention yields to the international responsibility to protect” (Evans et al., 2001: XI). It is here were the emphasis is drawn to those who need the intervention rather than the nation intervening (Weiss, 2004: 138). This is important, as intervention is no longer a right of the intervening state (i.e. in so far as they can exploit the situation) but rather a responsibility of states to protect those most vulnerable, hence the shift from the terminology of ‘intervention’ to ‘responsibility’.
What this framework consequently does is make the correct weigh up between sovereignty and human rights by creating a connection between the two (Sarkin, 2008: 52). Moreover, this allows for real and effective action to be undertaken for those who require it. It accomplishes this by a precise framework for both the criteria for
In “On the American Indians” Vitoria argues that there are few situations that justify a country to use humanitarian intervention. Humanitarian intervention is defined as a military force, publicly stated to end the violation of human rights, against another state. Vitoria discredits the justification of humanitarian intervention in every case, unless one is intervening for an ally or a friend. In this paper, I will argue that his view is more plausible than it may at first appear.
Should the United Nations intervene in cultural atrocities, or is protecting a State’s autonomy more important? First of all, the United Nations must learn early detection methods, in hopes to stop genocides from even starting! Secondly, if early detection methods fail on occasions, the international community needs to forget about protecting a sovereign State’s autonomy and be ready and willing to step in and help! Intervening may be expensive, and it may require the use of resources, but the lives of innocent civilians are worth more than money or resources can supply. After all, what is worse: a group or individual who commits heinous crimes, or those who choose to ignore them and let the casualties
Humanitarian interference positions a hard trial for an international society constructed on the doctrines of sovereignty, intervention, and the use of force. Directly after the holocaust, the society of states recognized the laws prohibiting genocide, forbidding the exploitation of civilians, and identifying plain human rights. These humanitarian values often clash with doctrines of sovereignty. Sovereign states are required to perform as protectors of their citizens’ security, but what happens if states act as villains towards their own people, treating power as a pass to kill? Should dictatorial states be recognized as valid members of international society and permitted the protection afforded by the intervention norm? Or else, most states loss their sovereign rights and be exposed to reasonable intervention if they aggressively abuse or fail to protect their citizens? Connected to this, what responsibilities do other states or organizations have to enforce human rights standards against governments that vastly violate them?
Creating relations between races and ethnicity's has always been vital to the success of the world. The United States and the international community have been, more often than not, late to stop violent acts against humanity. It took decades after the United Nations was created, and after a horrendous genocide in Rwanda, for the International Criminal Court to be created. Despite these two establishments created for international peace and security, crimes against humans rights are still occurring.When human rights are being violated, it is necessary for the U.S. and its allies to intervene in ethnic conflicts. While others may say humanitarian intervention goes against a state’s sovereign authority,it is necessary to protect
This of course comes with a significant moral weight. The R2P report from the ICISS effectively changed the conceptual thinking from “Humanitarian Intervention” to “Responsibility to Protect” effectively
The U.S. military response to the terrorist attacks on September 11, 2001 signifies the most extensive use of force by any state since the Persian Gulf War more than two decades ago. Following these operations, many commentators have suggested that there has been a notable transformation in international law regarding state responsibility for terrorist acts. This essay aims to argue that such change has been significant and it has satisfactorily countenanced states’ response to terrorism by presenting evidence of new state practice plus opinio juris in this area. To do so, this essay will first discuss the controversial concept of terrorism and its relevance to the legal framework for the use of armed force in international law. From here, it will move to explicate the principles of and grounds for state responsibility as well as to debate that the act of providing a safe haven for terrorist non-state actors should be considered as a revolutionary factor to the concept of attribution. Lastly, this essay will examine the recent changes occurred in customary law on state responsibility in the light of the application and interpretation of Article 51 of the United Nations Charter after the events of September 11. All these aspects will demonstrate that not only has the law on state responsibility had noticeably developed and consequently provided states with adequate legality to react to the challenges posed by contemporary terrorism, but it has also begun to inaugurate binding
When a country encounters a catastrophic situation where human rights are being violated, it is the state’s responsibility to protect its nation. Frequently state’s shift from humanitarian intervention to responsibility to protect as a solution to human rights violations. Humanitarian intervention has been defined as a states’s use of “military force against another state when the chief publicly declared aim of that military action is ending human-rights violations being perpetrated by the state against which it is directed.”1 In order for a state to successfully protect, according to Anne Orford in the article Lawful Authority and the Responsibility to Protect, they must “prevent genocide, ethnic cleansing, war crimes, and crimes against humanity.” (pg 248, Orford) A state is responsible for protecting its population, if they fail to do so the responsibility and authority to do so shifts to the international community.
The debate of humanitarian intervention and the responsibility to protect have been discussed in international relations discourse more seriously within the last 60 years. The major historical developments which have led to an increase in the intensity of these debates have had beneficial and detrimental effects on Earth within the last 20 years. Several factors have contributed to this including; globalization, the rise in international accountability, an increase humanitarian consciousness to prevent major atrocities from occurring, the expansion of territorial to global responsibility of the western world, and the realization of the western world that regional sovereignty no longer accounts for national security. To develop an opinion
In fact, many still attribute the instability and poverty of the Great Lakes region directly to the Rwandan genocide and the long-lasting scars it has left. Thus, the importance of intervention in events of the genre of the Rwandan genocide is clear. The impacts of mass atrocities, like genocide or war crimes extend beyond just the people being targeted, but rather, affect the whole country, the whole region, the whole world. The ripple effects of a genocide are far-reaching and catastrophic, making it essential that intervention occurs before such events are allowed to run their devastating course. Along with our moral responsibility to ensure that sovereign states do not use their sovereignty with impunity, the interconnectedness of our globalized world make it essential that the Responsibility to Protect doctrine, a policy of interventionism for humanitarian purposes with clear parameters, is used to avert future Rwanda's, Congo’s and Burundi’s from
The purpose of intervention should be the protection and promotion of human rights. “Armed interventions have a substantial likelihood of imposing disproportionate risks upon individuals, even when there are severe rights violations within a possible target state. Yet, nonviolent strategies will often be insufficient to stop such violations.” Then, the decision to intervene is dependent on a great number of factors that are taken into account before any action is taken. In spite of that, lives are on danger when these decisions are being discussed. Just as intervention is not justified by any suspicion of violation, it is erroneous to stop any attempt to intervene because of the inexistence of violations of genocidal proportions. If governments
The age old question of humanitarian intervention in the world of international politics and foreign affairs is a question with no clear answer. In some cases, intervention is seen as a sign of weakness or is taken offensively by the country in which other parties are intervening in. On the other hand, intervention by foreign parties in some cases is greatly appreciated. These two cases, on opposite ends of the spectrum, are more often than not pretty clear answers. The case of the Rwandan Genocide lies in the midpoint of this spectrum is what we will be investigating further to examine whether or not outsiders have the right to intervene, and if so, who has the right to intervene. We will examine several cases throughout recent history in the contents of this paper of intervention in hopes of finding determining factors which in turn lead to humanitarian intervention, support, or no intervention at all.
However, it can be argued that the motives behind intervention are not as important as the interventions themselves – the moral function of humanitarian intervention is to save lives and this can be achieved with or without altruistic motives. To this a possible reply is that seemingly unjust intervention may aggravate the receiving state, more so perhaps in military interventions than economic, political or social. A threatened state is arguably more likely to initiate a backlash. However, such an argument cannot be made against a UN-sanctioned intervention, where it can be agreed that the intervention is legitimate and in the interests of the global community. The issue of marginalising state sovereignty completely ignores the fact that sovereignty is granted by the international community , . The arguments that states such as China may put forward, that state sovereignty is absolute and deserving of unadulterated respect, rests on the idea that states grant themselves sovereignty, which upon reflection, one finds to be untrue. State sovereignty can only be realised if it is acknowledged by the global society of states. To this a realist might argue that theoretical sovereignty is separate from actual sovereignty, and that states will defend their sovereignty regardless of its
Humanitarian intervention is the act when states intervene in the affairs of another state because that state is violating the basic human rights of its civilians or because it is in the intervening state’s self interest to get involved. (Humanitarian, 2008) These interventions are not specifically aimed at violating the sovereignty of a state, but rather their purpose is to protect the basic human rights of civilians during civil wars and during crime against humanity. (Humanitarian, 2008) Realism explains that humanitarian intervention came about during the genocide in Bosnia but not in Rwanda because even though it might have been the correct moral action to take, intervention in Rwanda was not in the national interest of other
Much recent discourse surrounding humanitarian intervention has focused on the responsibility to protect (R2P). Prevention is a key component for good international relations and few would say it is not important, but as evidence to date would show prevention is very ineffective, the legality of military intervention still needs to be debated, as to date there is no consensus. For any intervention to be legitimate, whether unilateral or multilateral, it must comply with international law. So as not to cause any confusion, any situation in which an “intervention” is done with the permission or by request of the state being intervened, should be considered humanitarian assistance as state sovereignty is not breached. This paper will
The United Nations is widely regarded and respected as the most powerful institution that promotes international cooperation and human rights action. In theory, actions implemented by and within the United Nations are based on the mutual global goal of protecting international human rights and preventing human sufferings. These actions are constituted through three main mechanisms: the Treaty-based system, the Human Rights Council, and Security Council and Humanitarian Interventions, with the level of confrontation and seriousness in each mechanism increases respectively. While aimed to serve the mutual goal of protecting human rights over the world and have shown some successes, in a world of sovereignty, actions when implemented are in fact grounded by the national interests of each state, including embracing its national sovereignty, concreting its strategic relationships with other states, and enhancing its reputation in the international community. This paper will analyze the successes and failures of each of the three mechanisms of the United Nations regime, through which it aims to prove that when it comes to actions, states focus more on their national, and in some cases, regional interests than on the mutual goal of strengthening human rights throughout the world, thus diminishing the legitimacy of the whole United Nations system.