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
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 common justification for a right of unilateral humanitarian intervention concerns the failure of the collective security mechanism created after the Second World War. Chapters 4 and 5 of this book examine Security Council activism in the 1990s, notable for the plasticity of the circumstances in which the Council was prepared to assert its primary responsibility for international peace and security, and the contingency of its actions on the willingness of states to carry them out. This reduction of the Council's role from substantive to formal partly explains the recourse to unilateralism in that decade, most spectacularly in relation to the Kosovo situation. Crucially, the book argues that such unilateral enforcement is not a substitute for but the opposite of collective action. Though often presented as the only alternative to inaction, incorporating a ‘right’ of intervention would lead to more such interventions being undertaken in bad faith, it would be incoherent as a principle, and it would be inimical to the emergence of an international rule of law.
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 |
