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Just War or Just Peace?Humanitarian Intervention and International Law$
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Simon Chesterman

Print publication date: 2002

Print ISBN-13: 9780199257997

Published to Oxford Scholarship Online: January 2010

DOI: 10.1093/acprof:oso/9780199257997.001.0001

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Just War or Just Peace? Humanitarian Intervention, Inhumanitarian Non-Intervention, and Other Peace Strategies

Just War or Just Peace? Humanitarian Intervention, Inhumanitarian Non-Intervention, and Other Peace Strategies

Chapter:
(p.219) 6 Just War or Just Peace? Humanitarian Intervention, Inhumanitarian Non-Intervention, and Other Peace Strategies
Source:
Just War or Just Peace?
Author(s):

Simon Chesterman (Contributor Webpage)

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199257997.003.0007

The purpose of this book is not to adduce rules of international law so much as to use humanitarian intervention to reflect on the manner in which international law deals with a ‘hard case’ such as this. Humanitarian intervention brings into question not merely the substance, but the moral foundations of international law; the question of whether there is or is not such a ‘right’ is of secondary importance to the implications that these arguments have for world order and international morality. 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

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