UNHCR estimates that there are approximately over 12 million stateless persons in the world. Due ... more UNHCR estimates that there are approximately over 12 million stateless persons in the world. Due to gaps in data collection by governments, the UN and civil society, a full breakdown of this figure is beyond reach. The stateless are, in effect, the rightless because the loss of citizenship in the nation-state dynamic also means the loss of human rights. Stateless persons have been excluded from adequate international human rights protection as they do not have the state which would do so. Indignities inflict on the community like no access to documentation, education, services, being corralled into particular areas and unable to travel freely. The implementation of international refugee law has one of its intended purposes of protecting the world's most vulnerable people. Hannah Arendt was one of the most influential political philosophers of the twentieth century who was stateless for eighteen years of her life. Through her stateless experience, Hannah Arendt enlightened the conflict between universal human rights and territorial sovereignty. According to Hannah, an individual must be a member of a political community protected by the modern state to exercise their human rights, although there are limitations of a nation-state system in ever achieving justice and equality for all.
The concept of Humanitarian intervention has been discussed in International Relations discourse ... more The concept of Humanitarian intervention has been discussed in International Relations discourse as well as under International Law. It is used as an acceptable practice under International Law and a normative practice of the states. However, it seems that such a practice is contradictory to the basic principles of International Law because the authority to intervene is one of the most pertinent questions being raised today. In the name of humanitarian intervention, the powerful countries are trying to have access to the natural resources of the underdeveloped countries. In case of an actual violation of fundamental human rights, intervention might be legitimized and legalized, which has to be initiated by international organizations, especially by the United Nations Security Council. The objective of this paper is to analyze the practices and challenges of humanitarian interventions and doctrine of ‘Responsibility to Protect’ focusing on the mandate of International Law and UN Charter concerning the prohibition of intervention and legality of humanitarian intervention. It further analyzes the doctrine of humanitarian intervention in the frame of International Law in the second half of the nineteenth century and identifies the ground of legitimation of this intervention in the violation of presumed universal Laws of Humanity.
The International Organization should not be limited by those powers granted to it upon its creat... more The International Organization should not be limited by those powers granted to it upon its creation, i.e. attributed powers instead be allowed to exercise certain powers that are not granted expressly but are granted by implications, i.e. implied powers. The United Nations, as an international organization, was established in 1945 to save people from the scourge of war with one of its primary purposes being the maintenance of international peace and security. According to the Charter, maintenance of international peace and security is the UN Security Council's primary responsibility. To fulfil this responsibility, the Council may adopt a range of measures as its implied powers. UN's one of the main tools to achieve this purpose is ‘Peacekeeping Operations’. In 1948, UN peacekeeping promoters had the simple idea of using military troops to help implement peace accords instead of fighting and winning wars. Its strength lies in the legitimacy as an implied power of the UN granted by the Charter and the significant number of contributing countries participating and providing precious resources. These multidimensional peacekeeping operations maintain peace & security, protect civilians, facilitate political processes, support the Organization of elections assist in disarmament, demobilization and reintegration, restore the rule of law, promote human rights.
UNHCR estimates that there are approximately over 12 million stateless persons in the world. Due ... more UNHCR estimates that there are approximately over 12 million stateless persons in the world. Due to gaps in data collection by governments, the UN and civil society, a full breakdown of this figure is beyond reach. The stateless are, in effect, the rightless because the loss of citizenship in the nation-state dynamic also means the loss of human rights. Stateless persons have been excluded from adequate international human rights protection as they do not have the state which would do so. Indignities inflict on the community like no access to documentation, education, services, being corralled into particular areas and unable to travel freely. The implementation of international refugee law has one of its intended purposes of protecting the world's most vulnerable people. Hannah Arendt was one of the most influential political philosophers of the twentieth century who was stateless for eighteen years of her life. Through her stateless experience, Hannah Arendt enlightened the conflict between universal human rights and territorial sovereignty. According to Hannah, an individual must be a member of a political community protected by the modern state to exercise their human rights, although there are limitations of a nation-state system in ever achieving justice and equality for all.
The concept of Humanitarian intervention has been discussed in International Relations discourse ... more The concept of Humanitarian intervention has been discussed in International Relations discourse as well as under International Law. It is used as an acceptable practice under International Law and a normative practice of the states. However, it seems that such a practice is contradictory to the basic principles of International Law because the authority to intervene is one of the most pertinent questions being raised today. In the name of humanitarian intervention, the powerful countries are trying to have access to the natural resources of the underdeveloped countries. In case of an actual violation of fundamental human rights, intervention might be legitimized and legalized, which has to be initiated by international organizations, especially by the United Nations Security Council. The objective of this paper is to analyze the practices and challenges of humanitarian interventions and doctrine of ‘Responsibility to Protect’ focusing on the mandate of International Law and UN Charter concerning the prohibition of intervention and legality of humanitarian intervention. It further analyzes the doctrine of humanitarian intervention in the frame of International Law in the second half of the nineteenth century and identifies the ground of legitimation of this intervention in the violation of presumed universal Laws of Humanity.
The International Organization should not be limited by those powers granted to it upon its creat... more The International Organization should not be limited by those powers granted to it upon its creation, i.e. attributed powers instead be allowed to exercise certain powers that are not granted expressly but are granted by implications, i.e. implied powers. The United Nations, as an international organization, was established in 1945 to save people from the scourge of war with one of its primary purposes being the maintenance of international peace and security. According to the Charter, maintenance of international peace and security is the UN Security Council's primary responsibility. To fulfil this responsibility, the Council may adopt a range of measures as its implied powers. UN's one of the main tools to achieve this purpose is ‘Peacekeeping Operations’. In 1948, UN peacekeeping promoters had the simple idea of using military troops to help implement peace accords instead of fighting and winning wars. Its strength lies in the legitimacy as an implied power of the UN granted by the Charter and the significant number of contributing countries participating and providing precious resources. These multidimensional peacekeeping operations maintain peace & security, protect civilians, facilitate political processes, support the Organization of elections assist in disarmament, demobilization and reintegration, restore the rule of law, promote human rights.
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