U.S. justifications for the use of force in Syria through the prism of the Responsibility to Protect

Author(s):  
Simona Ross
2011 ◽  
Vol 93 (884) ◽  
pp. 1063-1083 ◽  
Author(s):  
Bruno Pommier

AbstractThe Libyan crisis of 2011 has again raised the crucial problem of the choice of means in protecting civilians. Authorized by the international community as part of military operations in Libya, the use of force in protecting civilians has revived the concept of ‘humanitarian war’ and has raised a number of issues for humanitarian organizations, in particular concerning the notion of neutral, impartial, and independent humanitarian action.1 The article focuses on these humanitarian issues and, inter alia, on the possible impact on humanitarian action of the concept of the Responsibility to Protect (R2P), which was at the basis of the intervention in Libya.


Author(s):  
Ilias Bantekas ◽  
Efthymios Papastavridis

This chapter examines under what circumstances States may use armed force under customary international law and Arts 2(4) and 51 UN Charter. After noting that the use of armed force is generally prohibited and only limited to self-defence, and then only if the target State is under an armed attack, we show that several States have expanded the notion of armed attack. Besides self-defence, the Security Council may authorize the use of armed force through a process of collective security. Several examples of collective security are offered, as well as the ICJ’s position on what constitutes an armed attack. In recent years, the range of actors capable of undertaking an armed attack has included terrorists. Moreover, the development of the doctrine of the responsibility to protect is a significant achievement.


Author(s):  
Alex J. Bellamy ◽  
Stephen McLoughlin

This chapter examines the implications of humanitarian intervention for international security. It considers the debate between those who argue that the protection of civilians from genocide and mass atrocities is far more important than the principle of non-intervention in certain circumstances and those who oppose this proposition. This has become a particular problem in the post-Cold War world where the commission of atrocities in places like Rwanda, Bosnia, and Darfur prompted calls for international society to step in to protect the victims with military force if necessary. Humanitarian intervention causes problems for international security by potentially weakening the rules governing the use of force in world politics. The chapter first considers the case against humanitarian intervention before discussing the principle known as ‘Responsibility to Protect’ (R2P).


2015 ◽  
Vol 6 (1) ◽  
pp. 87-117 ◽  
Author(s):  
Cherine Foty

The creation of the responsibility to protect doctrine reformulated the historical notion of humanitarian intervention. The new doctrine was centered around the principle of nonintervention, a basic precept of the u.n. Charter system, with its initial report explicitly excluding regime change disguised as humanitarian intervention as external to the scope of the doctrine. Military intervention was only to be the means of last resort after the exhaustion of several preliminary mechanisms. In its implementation, the broad mandate of the responsibility to protect has been harshly criticized because it opens the possibility for powerful States, often seeking regime change, to interfere in the domestic affairs of weaker States. This article will first discuss (i) the chronology and evolution of the doctrine, (ii) situating it in the context of the u.n. Charter prohibition on the use of force and articulating its nonbinding nature. It will then examine (iii) the cases of Libya and Syria, focusing on the initial decision to intervene and how the dissemination of misinformation has served to promote military interventions where they would otherwise be considered illegitimate. The article will conclude with a brief discussion of (iv) how the international community can move beyond misapplication and seek to limit its abuse.


Author(s):  
Nicholas Tsagourias

This chapter begins by examining the scope of the principles of consent, neutrality/impartiality, and minimum use of force as they apply to modern United Nations peacekeeping operations. It then asks how the use of force can be used to protect humanitarian values assigned to peacekeeping operations, and how such use of force interacts with the principles of neutrality and of impartiality. The chapter also discusses the implications of ‘the responsibility to protect’ and the ‘protection of civilians’ for the competence to use force. The chapter concludes by identifying a number of difficulties encounted by peacekeeping missions in attaining humanitarian values.


Author(s):  
Kurt Mills ◽  
Cian O’Driscoll

In contrast with humanitarian access or the provision of humanitarian assistance, humanitarian intervention is commonly defined as the threat or use of force by a state to prevent or end widespread and grave violations of the fundamental human rights of individuals other than its own citizens, without the permission of the state within whose territory force is applied. In support of their cause, advocates of humanitarian intervention often draw upon and reference the authority of the notional “just war.” The four main ways by which humanitarian intervention has been connected to the idea of the just war relate to the ideals of self-determination, punishment, responsibility, and conditional sovereignty. For a humanitarian intervention to be considered legitimate, there must be a just cause for intervention; the use of force must be a last resort; it must meet the standard of proportionality; and there must be a good likelihood that the use of force will contribute to a positive humanitarian outcome. The historical practice of humanitarian intervention can be traced from the nineteenth century to the recognition of the Responsibility to Protect by the World Summit in 2005 and its application in Darfur. Major conceptual debates surrounding humanitarian intervention include the problematic relation between sovereignty and human rights, the legal status of intervention, the issue of multilateralism versus unilateralism, and the quest for criteria for intervention.


2019 ◽  
Vol 11 (3) ◽  
pp. 313-332
Author(s):  
Pınar Gözen Ercan

Bringing into focus the two formal debates on the Responsibility to Protect that took place in 2009 and 2018, this article identifies the approaches of member states towards the humanitarian use of force by locating it in the UN’s deliberations on R2P. To this end, the article compares and contrasts country statements in order to trace states’ general approach towards humanitarian intervention on the basis of their reflections on R2P. Following from this, the article examines whether or not states’ approaches to humanitarian intervention have been transforming in the twenty-first century, and evaluates how the humanitarian use of force is perceived in relation to the R2P framework that was embraced by the member states of the UN General Assembly in 2005, and how this affects the future of R2P.


Author(s):  
Nicole Scicluna

This chapter explores the justness, legitimacy, and legality of war. While 1945 was a key turning point in the codification of jus ad bellum (i.e. international law on the use of force), that framework did not emerge in a vacuum. Rather, it was the product of historical political contingencies that meant that codification of the laws of war was contemporaneous, both geographically and temporally, with the solidification of the norms of sovereign nation-statehood and territorial integrity. The chapter focuses on the UN Charter regime and how it has shaped the politics of war since 1945. Importantly, the Charter establishes a general prohibition on the use of force in international relations. It also grants two exceptions to the prohibition: actions undertaken with Security Council authorization and actions taken in self-defence. Today, many of the most serious challenges to the Charter regime concern the definition and outer limits of the concept of self-defence. Another set of challenges to the Charter regime concerns the contested concept of ‘humanitarian intervention’. The chapter then looks at the development of the ‘Responsibility to Protect’ doctrine.


Sign in / Sign up

Export Citation Format

Share Document