Section one deals with the debates that surround the issues of humanitarian intervention and just war theory on the basis of international scale. One article by Holzgrefe is completely focused on the debate, stating the many ethical theories of many different theorists: from "utilitarianism; natural law; social contractrianism; communitarianism; and legal postivism" (7). Holzgrefe goes on to define what each ethical theorist is and their understanding of the debate on humanitarian intervention. However, there is the idea of when it is right to intervene and when intervention is unfavorable. The most interesting part was the third section of the article.
In the third section of Holzgrefe's article, he dedicates it around the Charters of the
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They go on to say that although there is very little direct reference to the just war theory, humanitarian intervention and the just war theory have a connection. Their argument is to prove that humanitarian intervention literature and the debate would "benefit from the more explicit use of the Just War framework" (4). The interesting section I've found is the international law and international ethics, it clearly states that "human rights have become a major feature of both political and ethical discussion" (7). As though human rights is something that is so debatable, but although it comes off as an expectation to protect those rights, there are now more factors that are in need of discussion because of how intervention could result in negative or positive outcomes of those who …show more content…
The idea of selective is that it is based on a voluntary choice to determine when and why one should intervene when massacres and wars are surrounding certain countries. Brown sets up an example where he discusses the speech of Prime Minister Tony Blair, in Blair's last question, he asked "do we have national interests involved?" (4). Brown discusses how this question alone shows selectivity. Brown goes on to say that what Blair meant was that "unless interests are directly involved, intervention is likely short-lived and ineffective" (6). However, goes back to the idea of human rights violations, which has been the one of the main reasons why all these articles have some theorist/individuals who are trying to validate that a good reason to intervene is for the sole purpose of human rights, that it is not an obligation, but as a way to treat human as an end not as means as Kant would say. Which briefly brings me to touch upon the fourth and last article by Teson Fernando, the interesting part is that human intervention is an obligation. In a way that is true, but no country is going to agree on that because countries are selfish and don't have an obligation to help their neighbors if it mean that their on safety and interest are at
“For war, as a grave act of killing, needs to be justified.” These words were written by Murray N. Rothbard, dean of the Austrian School and founder of modern libertarianism, who spent much of his academic career trying to determine what, exactly, defined a “just war”. In fact, for as long as humans have been fighting wars, there have been quotations referring to the justification and moralities of wars and how warfare can be considered fair and acceptable to each society’s individual standards. While the time and place of each war differs, the reality of the devastation of battle may be found warranted by those fighting using these just war standards to vindicate their actions.
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.
Regan explains that just war theorists have developed two major ideologies to understand the just war conduct. First, the principle of discrimination that just warriors may directly target people participating in the enemy nations wrongdoing but should not target other enemy nationals. "The enemy nation's wrongdoing justifies the victim nation's use of military force will necessarily involve targeting enemy personal engaged in the wrongdoing (Regan, pp 88)." The principle of discrimination requires military combatants to wage carefully the effects of their actions in general people. It is very important notion that Regan explained about ordinary civilians because many conflict, civilians become a victim from both side. The principle of discrimination
'In war some sorts of restraint, both on what we can legitimately fight for (jus ad bellum) and on how we may legitimately fight (jus in bello), are morally required'.1 However, recent theorists also add the responsibility and accountability of warring parties after the war (jus post bellum) to the main two categories of just war theory. From Christian perspective the function of the JWT was simply an excuse of making war morally and religiously possible writes Michael Walzer. He also agrees with its defendants, that it made war possible in a world where war was, sometimes, necessary. JWT is therefore to be used as a sort of moral rule-book from which legitimate
Articles 1, 55, and 56 are the center pieces for promoting and protecting human rights. During the cold war humanitarian intervention went stagnant because the two superpowers who were facing off (US & Russia) were at odds about ideology and this caused world peace to be thrown into turmoil. The UN was very new and did not have the international legal clout to stop either superpower from promoting its system of governance through invasion or indirect military support. The Cold War caused social, economic, and political upheaval globally which allowed for the UN to revise its interpretation of humanitarian intervention. This allowed for a larger consensus among nations about which circumstances required intervention. From 1945 to 1976 five major human rights documents were adopted; The Universal Declaration of Human Rights, Genocide Convention, Geneva Convention, Laws of War, International Covenant on Civil and Political Rights, and the International Covenant on Cultural Economic Civil Rights. The end of the Cold War “liberated the UN which had established 20 new peace keeping missions from 1988-1993, more than it had taken in its entire 40 year history.” (Taha, 14) The major developments of the 1990‘s for international humanitarian
Throughout The Morality of War, Orend argues that there are only two just causes for resorting to war: a war of self-defense and a war of other-defense. With regards to Somalia, the US and its allies justified entering the war based on Orend’s other-defense position. Although Somalia never committed crimes of aggression against another state, arguably, Somalia committed “acts that shock[ed] the moral conscience of mankind” (Orend 91). Walzer states that this is the only time when armed humanitarian intervention is authorized. The only time a state can intervene in a humanitarian scenario, Walzer declares, is when the aggressor state in question is using military force to engage in “wicked and widespread human rights violations” (Orend 91). The death of 300,000 Somalis due to starvation at the hands of struggling power groups is more than enough to justify
According to traditional just war theory, a just cause must serve peace and not simply protect an unjust status quo. War must be used as a last resort and all pacifistic approaches must be
The theory is not intended to justify wars but to prevent them, by showing that going to war except in certain limited circumstances is wrong, and thus motivate states to find other ways of resolving conflicts. A war is only a Just War if it is both justified, and carried out in the right way. The circumstances of Just-War Theory must be of: Last Resort, Legitimate Authority, Just Cause, Probability of Success, Right Intention, Proportionality, and Civilian Casualties.
In this paper, I will argue that Luban’s critique of Walzer conception of legitimacy is misguided. I will first present Walzer’s argument for interventions using the “legalist paradigm,” in particular his conception of self-determination and how the principle of non-intervention may be set aside in exceptional circumstances. I will then present Luban’s critique of Walzer and his argument for developing an account of Just War directly in terms of human rights, before concluding with my own critique of Luban’s argument.
“War may sometimes be a necessary evil. But no matter how necessary, it is always an evil, never a good. We will not learn how to live together in peace by killing each other’s children. This famous quote is from James Earl “Jimmy” Carter, Jr., who served as the 39th President of the United States. It implies that war can be justified under strict circumstances where it can be necessary, but it is still abhorrent. War is defined as a state of armed conflict between different countries or different groups within a country. Justification refers to the action of showing something to be right or reasonable. War brings many negative and catastrophic impacts not just to the country, but to the people living in the country as well, which this paper
In this essay’s scope, the Syrian war has been analyzed using the just war theory. The just war theory highlights situations where waging a war can be justifiable and also provides guidelines on how a war should be fought. In as much as the theory recognizes the need to protect innocent human life even when it involves the use of force, the theory puts in place several principles that need to be met to qualify a war as being just. As for the Syrian situation, the bone of contention is whether the proposed US military intervention is justifiable or not. Those who are for a US military intervention observe that the enormity of the massacre in Syria justifies an external intervention. They point out that an intervention would protect further loss of innocent human life. Those against such a move point out some guidelines that have not been met to merit such an intervention as a just
The key objections to humanitarian intervention include the conflict of interests with the self-interested state and sovereignty, the difficulty of internal legitimacy, the problematical Responsibility to Protect (R2P) doctrine, and the debate over legality of intervention. The issue of morality stands as an overarching issue which touches on all of these. Overall, one finds that despite a moral imperative to intervene, humanitarian intervention should not occur but is perhaps the lesser of a series of evils.
The “just cause criterion is central in the “just war” doctrine. When assessing the sufficient “just cause” reasons the principle of self-defence is undoubtedly tolerable. It can be extended to the reason of assisting aid to victims of oppression or external threat (Moseley n.d.). Following this principle, the mass murder of the Syrian civilians by the government forces that reached nearly 40000 (Aloyo 2014) create a justified cause for the USA and the international community in general. However, in the case of Syria using forces against the aggression as a whole will be an impossible task, as both parties
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