Essay on The Strengths and Weaknesses of International Law

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Even after decades of relatively established pattern for the relations between the states there is still an ambiguity on the issue of state sovereignty. To which extent its’ violation could be justified? In the study of International Relations there are two major perspectives on the legitimacy of such actions, they are: liberal and realist. Whilst former advocates for this measures when the state itself violates human rights of the citizens and extended intervention is required (Kegley, 259), latter claims that the state sovereignty is the central assumption of this theoretical framework (Kegley, 28) and the actions that might infringe it are not legitimate. 2011 military intervention in Libya, intended to cease Gaddafi’s regime (UNSC),…show more content…
Thus, when the Gaddafi’s regime continued to violate the human rights of the Libyan citizens the humanitarian intervention from the NATO members (UNSC) became inevitable. In this case according to Kegley the human rights are universal political and social entitlements provided by the international law to all individuals (397). Furthermore, humanitarian intervention can be defined as the use of collaborated forces of foreign states or other actors in order to enforce peace into the state under the conditions of violations of these rights (Kegley, 397) and military necessity when the extreme cases allow to violate the rules of war (Kegley, 259). However, despite the fact that the international community almost immediately reacted on the escalation conflict in Libya and stopped the violation of human rights the question of the state sovereignty remains unsolved. Under the international law sovereignty means that there is no higher authority above the state (Kegley, 401) to prevent or force it to implement particular policies and it is the highest value in the international politics. Nevertheless, in this case it was violated by number of external actors. Their main justification of this intervention is the implementation of Responsibility to Protect the citizens from the acts of crime (Kegley, 401), which the government failed to fulfil. At the same time particular states that were willing to stop the violence in Libya violated the rights of
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