scholarly journals NATO Intervention in Kosovo in light of Security Council Actions and International Law

2013 ◽  
Vol 3 (2) ◽  
pp. 285
Author(s):  
MA. Arben Salihu
Keyword(s):  
International Relations ◽  
International Law ◽  
Security Council ◽  
Humanitarian Intervention ◽  
Well Being ◽  
United Nations Security Council ◽  
New Era ◽  
Challenges And Opportunities ◽  
The Military ◽  
Nato Intervention

The horrors of World War Two made it universally clear that the world cannot progress without general respect for human rights. Still, the need for humanitarian intervention arose several times before 1999, but international political and military organisations including the UN, were either late or hesitant to prevent genocides or other related human catastrophes worldwide. The NATO intervention in Kosovo, however, marked the beginning of the new era in international relations. The facet of this intervention in view of legality is the topic of this paper. The aim of this study, above all, is to analyze the Security Council actions, debates and resolutions concerning situation in Kosovo, and the level of impact that the military operation had in international law (in particular) and international relations (in general).  The study uses many authentic documents issued by the United Nations Security Council itself and other material related to the theme in order to develop an argument on the points raised. Throughout, this research paper has attempted to answer numerous issues related to the topic and offer a balanced view on the all the themes examined. Several but distinct points raised focus on relevant core subjects, discuss the challenges and opportunities of the humanitarian intervention and offer recommendations regarding the future of such operation for the well being of the humanity.  

scholarly journals International law and humanitarian intervention

2007 ◽  
Vol 59 (1) ◽  
pp. 5-48
Author(s):  
Sava Savic
Keyword(s):  
Moral Responsibility ◽  
International Relations ◽  
United Nations ◽  
International Law ◽  
Security Council ◽  
Humanitarian Intervention ◽  
International Community ◽  
United Nations Security Council ◽  
The Subject ◽  
The United Nations

Taking an action by the international community, individual states or their organizations with the aim of protecting citizens in some country from the tyranny of their own authorities has been defined as a humanitarian intervention. According to international law the use of power as an instrument in international relations is, however, prohibited and therefore, any approach to humanitarian intervention is stretched out between the challenges of moral responsibility and limitations of legislature. The subject of discussion in this article is the legislative aspect of humanitarian intervention by force. The research is focused on law and legitimating of humanitarian intervention by force without the United Nations Security Council approval. .

10. International law and the use of force

2021 ◽  
pp. 219-246
Author(s):  
Nicole Scicluna
Keyword(s):  
International Relations ◽  
International Law ◽  
Security Council ◽  
Turning Point ◽  
Humanitarian Intervention ◽  
Use Of Force ◽  
Responsibility To Protect ◽  
Territorial Integrity ◽  
Jus Ad Bellum ◽  
Self Defence

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.

scholarly journals International Law, COVID-19 and Feminist Engagement with the United Nations Security Council: The End of the Affair?

2020 ◽  
Vol 28 (3) ◽  
pp. 321-328
Author(s):  
Catherine O’Rourke
Keyword(s):  
United Nations ◽  
International Law ◽  
Security Council ◽  
United Nations Security Council ◽  
Care Work ◽  
Gender Based Violence ◽  
Seminal Contribution ◽  
The Everyday ◽  
The United Nations ◽  
Gender Based

AbstractThe gendered implications of COVID-19, in particular in terms of gender-based violence and the gendered division of care work, have secured some prominence, and ignited discussion about prospects for a ‘feminist recovery’. In international law terms, feminist calls for a response to the pandemic have privileged the United Nations Security Council (UNSC), conditioned—I argue—by two decades of the pursuit of the Women, Peace and Security (WPS) agenda through the UNSC. The deficiencies of the UNSC response, as characterised by the Resolution 2532 adopted to address the pandemic, manifest yet again the identified deficiencies of the WPS agenda at the UNSC, namely fragmentation, securitisation, efficacy and legitimacy. What Resolution 2532 does bring, however, is new clarity about the underlying reasons for the repeated and enduring nature of these deficiencies at the UNSC. Specifically, the COVID-19 ‘crisis’ is powerful in exposing the deficiencies of the crisis framework in which the UNSC operates. My reflections draw on insights from Hilary Charlesworth’s seminal contribution ‘International Law: A Discipline of Crisis’ to argue that, instead of conceding the ‘crisis’ framework to the pandemic by prioritising the UNSC, a ‘feminist recovery’ must instead follow Charlesworth’s exhortation to refocus on an international law of the everyday.

scholarly journals Keeping international law international, a reflection on Anthea Roberts’ “is international law international?”

2020 ◽  
pp. 6-17
Author(s):  
D. K. Labin ◽  
T. Potier
Keyword(s):  
United Nations ◽  
International Law ◽  
Security Council ◽  
Comparative Studies ◽  
United Nations Security Council ◽  
Law Students ◽  
Law Schools ◽  
Oxford University ◽  
To Come ◽  
Fragmentation Of International Law

INTRODUCTION. Occasionally a book appears which has a significant impact on the scholarly community. A fine example of this is the work considered here by the Australian international lawyer, Anthea Roberts. Until very recently, comparative studies on international law were rare. However, as international law further develops and widens, so special attention will need to be paid to ensure that international law students are, to a greater extent, taught the same material and in the same way. As municipal systems of law became more mature, so doctrine and jurisprudence began to diverge. International law has now entered such a phase in its development and, in this excellent book, Dr. Roberts asks a series of very important questions: exactly what is taking place, what are the factors that are driving these processes, is such to be welcomed, is it unstoppable and where do we go from here?MATERIALS AND METHODS. The article reflects on Anthea Roberts’ book “Is International Law International?” (Oxford, Oxford University Press, 2017). The authors of the article consider the contribution of the monograph to legal science, particularly with its interest in a revived Comparative International Law.RESEARCH RESULTS. The view of the authors of the article is that Anthea Roberts’ book is a work of profound significance, which will, hopefully, inspire additional research in the field of Comparative International Law in years to come.DISCUSSION AND CONCLUSIONS. Comparative International Law is a relatively neglected field in International Law. Without question, the international legal academy (from the elite law schools of the permanent members of the United Nations Security Council) emphasises different things both in its scholarly writings and pedagogy. This needs to be given greater attention, even if, at least for now, it cannot be entirely arrested; so that the much-feared fragmentation of international law into not only separate fields and standards, but also in terms of agreeing on its content and application, is minimised. 

scholarly journals How Can We Criticize International Practices?

2019 ◽  
Vol 63 (4) ◽  
pp. 1014-1024 ◽  
Author(s):  
Sebastian Schindler ◽  
Tobias Wille
Keyword(s):  
International Relations ◽  
United Nations ◽  
Security Council ◽  
Military Intervention ◽  
Practice Theory ◽  
United Nations Security Council ◽  
Social Progress ◽  
Social Critique ◽  
Political Debates ◽  
Multilateral Diplomacy

Abstract In this article, we elaborate two distinct ways of criticizing international practices: social critique and pragmatic critique. Our argument is that these two forms of critique are systematically opposed to each other: They are based on opposing epistemic premises, they are motivated by opposing political concerns, and they pursue opposing visions of social progress. Scholars of International Relations (IR) who want to work with the conceptual tools of practice theory are thus confronted with a consequential choice. Understanding the alternatives can help them to be more self-reflexive in their research practices and intervene more forcefully in contemporary political debates. We illustrate these advantages through a discussion of the scholarly debate on the practices of multilateral diplomacy through which the United Nations Security Council authorized a military intervention in Libya in 2011.

Part 2 The Post-Cold War Era (1990–2000), 47 The Kosovo Crisis—1999

2018 ◽  
Author(s):  
Franchini Daniel ◽  
Tzanakopoulos Antonios
Keyword(s):  
Cold War ◽  
International Law ◽  
Humanitarian Intervention ◽  
Use Of Force ◽  
International Community ◽  
Post Cold War ◽  
Humanitarian Crises ◽  
Cold War Era ◽  
Nato Intervention

This contribution discusses the forcible intervention by NATO against Serbia in 1999 in response to the situation in Kosovo. It sets out the facts and background of the crisis, along with the legal positions of the main protagonists and the reactions of the international community. It then proceeds to survey the debates surrounding the legality of the intervention and to assess the soundness of the legal justifications put forward by states and authors. Finally, it discusses the precedential value of the intervention, especially in view of claims of the existence or emergence of a rule or principle of international law permitting the unilateral use of force in response to humanitarian crises. The contribution concludes that the NATO intervention has significant precedential value in that it confirms the unlawfulness of forcible unilateral humanitarian intervention.

RECONCEPTUALISING THE LEGAL RESPONSE TO FOREIGN FIGHTERS

2019 ◽  
Vol 69 (1) ◽  
pp. 103-134
Author(s):  
John Ip
Keyword(s):  
United States ◽  
International Law ◽  
Security Council ◽  
Armed Conflict ◽  
United Nations Security Council ◽  
Legal Response ◽  
The United Kingdom ◽  
Syrian Civil War ◽  
Domestic Legislation ◽  
Foreign Fighters

AbstractThe Syrian civil war has highlighted the phenomenon of foreign fighting, in which individuals leave their home State to join an armed conflict overseas. The predominant paradigm for regulating foreign fighting, centred on United Nations Security Council Resolution 2178, is based on counterterrorism, which in essence treats foreign fighting as a form of terrorism. This paradigm is largely reflective of the domestic legislation of the United Kingdom, United States, Canada and Australia. This article argues that this approach is problematic, and that an alternative paradigm based on the international law of neutrality and related domestic legislation provides a better means for regulating foreign fighting.

In the name of democracy: UNSC reform at the intersection of discourse and governmentality

2020 ◽  
pp. 095792652097038
Author(s):  
Bjarke Zinck Winther ◽  
Laura Bang Lindegaard
Keyword(s):  
International Relations ◽  
United Nations ◽  
Security Council ◽  
United Nations Security Council ◽  
Democracy Promotion ◽  
Reform Process ◽  
The United Nations ◽  
Reform Debate

Both scholars and practitioners are frustrated by the complexity of United Nations Security Council reform. Most research on the reform process is situated within international relations, and almost no attention is granted to the discursive dimensions of the reform. This article approaches democracy promotion as a governmental rationality within the United Nations, and it traces how this governmentality is co-constituted and negotiated discursively in the reform debate. The analysis focuses on argumentation and topoi in statements from debates about reform during 2015 to 2016 by two groups: The Group of Four and The Uniting for Consensus. The analysis demonstrates how the two groups utilise a topos of majority and a topos of equality, respectively, and how the groups thereby in different ways co-constitute and negotiate the governmental rationality of democracy. Through this, the article unravels the subtle ways in which the rigidity of the reform process is co-constituted through discourse.

Between rhetoric and reality: exploring the impact of military humanitarian intervention upon sexual violence – post-conflict sex trafficking in Kosovo

2010 ◽  
Vol 92 (877) ◽  
pp. 235-258 ◽  
Author(s):  
Samantha T. Godec
Keyword(s):  
Sexual Violence ◽  
International Law ◽  
Sex Trafficking ◽  
Military Intervention ◽  
Humanitarian Intervention ◽  
Use Of Force ◽  
Feminist Perspective ◽  
Post Conflict ◽  
The Impact ◽  
Nato Intervention

AbstractAdopting a feminist perspective, this paper analyses the doctrine of humanitarian intervention and its impact on women in recipient states, particularly with regard to sexual violence. By analysing the phenomenon of post-conflict trafficking in Kosovo following the NATO intervention, the author presents a challenge to the ‘feminist hawks’ who have called for military intervention in situations of systematic sexual violence. It is the author's contention that such intervention would be counterproductive for women's rights and thus constitute a disproportionate response to sexual violence in terms of the international law governing the use of force.

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