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The 'Humanity' in Humanitarian Intervention: A Critical Analysis

2021, Voice of International Affairs

Abstract

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.

Key takeaways

  • Even though humanitarian interventions claim to have a universal responsibility to protect the victims, in some cases, it is argued to be used as a political or economic instrument.
  • It can be described as the interference of one or more states in the domestic affairs of another state employing armed force, to make that state adopt a more humanitarian policy.
  • Thus, there is no room for the concept of the humanitarian intervention being deduced from the UN Charter.
  • The use of the word "humanitarian" to justify military action has always been a bone of contention.
  • In recent years, attention has shifted away from humanitarian intervention to the concept of the responsibility to protect, often called "R2P".