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Just War or Just Peace?
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Just War or Just Peace?: Humanitarian Intervention and International Law

Simon Chesterman

Abstract

The question of the legality of humanitarian intervention is, at first blush, a simple one. The Charter of the United Nations clearly prohibits the use of force, with the only exceptions being self-defence and enforcement actions authorized by the Security Council. There are, however, long-standing arguments that a right of unilateral intervention pre-existed the Charter. This book begins with an examination of the genealogy of this right, and arguments that it may have survived the passage of the Charter, either through a loophole in Article 2(4) or as part of customary international law. A c ... More

Keywords: responsibility to protect, humanitarian intervention, international law, just war, United Nations, Security Council, human rights, peace, Kosovo, rule of law

Bibliographic Information

Print publication date: 2002 Print ISBN-13: 9780199257997
Published to Oxford Scholarship Online: January 2010 DOI:10.1093/acprof:oso/9780199257997.001.0001

Authors

Affiliations are at time of print publication.

Simon Chesterman, author
International Peace Academy, New York
Author Webpage