scholarly journals THE LEGALITY OF HUMANITARIAN INTERVENTION: THE CASES OF KOSOVO AND LIBYA

2016 ◽  
Vol 1 (1) ◽  
pp. 39
Author(s):  
Mehmet E. Erendor
Keyword(s):  
Human Rights ◽  
Humanitarian Intervention ◽  
International Community ◽  
Prior Authorization ◽  
International Peace ◽  
Humanitarian Crisis ◽  
Humanitarian Interventions ◽  
Peace And Security ◽  
The One

Humanitarian intervention is the one of the most critical concepts with respect to legality and legitimacy. Although, there is no common definitions, theorists or international community defines it as violations of human rights. The main aim of this study is to argue that the international community has the responsibility to intervene to prevent a humanitarian crisis. This research also attempts to clarify the legality and legitimacy of humanitarian interventions which are limited to cases of threats to international peace, security and where there exists prior authorization by the UNSC. The article argues that humanitarian interventions should only be established under the authorization of the UNSC; and that when violation of human rights is interpreted as a threat to international peace and security, if an intervention has been authorized by the SC, it is legal.

14. The use of force and collective security

2019 ◽  
pp. 346-374
Author(s):  
Gleider Hernández
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Security Council ◽  
Use Of Force ◽  
Collective Security ◽  
International Peace ◽  
Humanitarian Interventions ◽  
Peace And Security ◽  
United Nations Charter ◽  
Self Defence

This chapter looks at the use of force and collective security. Today, the United Nations Charter embodies the indispensable principles of international law on the use of force. These include the prohibition on the unilateral use of force found in Article 2(4), and the recognition of the inherent right of all States to use force in self-defence found in Article 51. Finally, under Chapter VII, a collective security system centred upon the Security Council was established for the maintenance of international peace and security. A key debate over the scope of Article 2(4) is whether a new exception has been recognized which would allow the use of force motivated by humanitarian considerations. It is argued that these ‘humanitarian interventions’ would allow a State to use force to protect people in another State from gross and systematic human rights violations when the target State is unwilling or unable to act.

scholarly journals United Nations Security Council Intervention Towards Gross Human Rights Violation of The Rohingya Ethnicity

2021 ◽  
Vol 8 (06) ◽  
pp. 6464-6474
Author(s):  
Nizam Safaraz
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Security Council ◽  
United Nations Security Council ◽  
Human Rights Violations ◽  
International Peace ◽  
Humanitarian Interventions ◽  
Un Security Council ◽  
Peace And Security ◽  
Human Rights Violation

Abstract             Every human being has the rights to be protected from discrimination by any party, especially the act of gross human rights violations. In order to prevent this, the Security Council has a function to secure international peace and security from threats to international peace. One of the case that is becoming an international concern is the human rights violations on Rohingya by Myanmar Military. In its implementation, the UN Security Council can intervene a country known to violate human rights of its people, however the Security Council's intervention caused a controversy that questioned the validity of the intervention by Security Council. Thus, the purpose of this research is to find out whether the situation in Myanmar is valid for the UN Security Council to carry out humanitarian interventions. Accordingly, this research also analyzes legal measures by the UN Security Council in dealing with human rights violations in Myanmar. Keyword: Human Rights, Humanitarian Intervention, Rohingya, UN Security Council

Due Diligence in Cyber Activities

2020 ◽  
pp. 252-270
Author(s):  
Eric Talbot Jensen
Keyword(s):  
At Risk ◽  
Human Rights ◽  
National Security ◽  
Cyber Security ◽  
International Community ◽  
Due Diligence ◽  
International Peace ◽  
Peace And Security ◽  
Potential Benefits ◽  
State Actors

This chapter analyses the application of the principle of due diligence with regard to cyber activities. Both states and non-state actors have been actively engaged in cyber operations, causing significant transboundary harm. Cyber security has hence become one of the top national security priorities for states across the international community. The chapter argues that the lack of acceptance of a robust due diligence principle with respect to cyber activities is currently creating an extremely dangerous and uncontrolled cyber environment that leaves the international community at risk of significant cyber consequences. The acceptance of a more robust application of cyber due diligence would dramatically decrease the instability of the cyber environment and strengthen international peace and security. The chapter points out that such an acceptance would carry certain risks, including the potential of states using the duty to prevent harm as an authorisation for repression of human rights, but argues that its potential benefits would far outweigh such risks.

scholarly journals Examining of Relationship between Responsibility to Protect & Sovereignty of States in Light of Practice of International Community

2017 ◽  
Vol 10 (2) ◽  
pp. 256
Author(s):  
Alireza Karimi ◽  
A. Koosha ◽  
M. Najafi Asfad ◽  
M. T. Ansari
Keyword(s):  
Human Rights ◽  
Civil Rights ◽  
Security Council ◽  
Military Intervention ◽  
Humanitarian Intervention ◽  
International System ◽  
International Community ◽  
Responsibility To Protect ◽  
Nation States ◽  
Peace And Security

With the end of the civil war and fading of military and ideological competitions of the superpowers and drastic changes in the international system, maintaining peace and security has been closely associated with the political, social economic and cultural structures of states and their behavior in observing the criteria of human rights. The Security Council as an organ, established for keeping Peace and Security has experienced great opposition to the sovereignty of states by using human rights rules as an alibi, and even has paved the way for military intervention. Normally, material breach of the human rights criteria and fundamental liberties can endanger the international peace and security. In this type of situations, the issue can be discussed in the Security Council with the request of the general assembly and the general secretary. IF the Security Council confirms a threat consequent to the material violation of human rights rules, it can enforce the required actions, regarding its obligations and authorities. The intervention of the Security Council as a representative of the international community with regard to taking decisions for humanitarian intervention in the context of the responsibility to protect and denying the absolute sovereignty of states on one hand and encouraging the states to guarantee the observance of civil rights of people and enabling them in the field of public welfare and even military intervention and protecting nations against tragedies such as genocide, crimes against humanity and war crimes, on the other hand are significant challenges. Although the responsibility to protect is practiced in the direction of legitimate intervention in the domestic affairs of sovereign nation – states with the objective of protecting humanitarian rules, actually after 2001, the chances for humanitarian measures have been decreased. In this article, we will examine this issue that from the beginning of the third millennium what effects, the concept of responsibility to protect has had by limiting the sovereignty of states and redefining it, aligned with the humanitarian intervention by the Security Council?

ON THE ROLE AND RELEVANCE OF THE UNITED NATIONS AND ITS FUTURE PROSPECTS

2019 ◽  
Vol 2 (1) ◽  
pp. 33-39
Author(s):  
Михаил Елизаров
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Second World War ◽  
Future Prospects ◽  
International Peace ◽  
World War ◽  
Peace And Security ◽  
Common Goals ◽  
The United Nations ◽  
Second World

Born out of the ashes of the Second World War, the United Nations has made a major contribution to maintain international peace and security. Based on common goals, shared burdens and expenses, responsibility and accountability, the UN helped to reduce the risk of a repetition of a Word War, to reduce hunger and poverty, and promote human rights. But today, the legitimacy and credibility of the UN have been seriously undermined by the desire of some countries to act alone, abandoning multilateralism. So, do we need the UN today?

The Dynamics of International Law in a Globalised World

2016 ◽  
Author(s):  
Matthias Herdegen
Keyword(s):  
Human Rights ◽  
International Law ◽  
Good Governance ◽  
Driving Forces ◽  
International Agreements ◽  
Democratic Legitimacy ◽  
International Peace ◽  
Economic Stability ◽  
Peace And Security ◽  
Global Spread

In the process of globalisation, international law plays a crucial and ambivalent role. It is one of the driving forces behind the integration of markets, expanding standards of human rights and good governance as well as mechanisms for international peace and security. International law also responds to a globalised world which catalyses not only universal ethics, but also the global spread of risks to political and economic stability. "Evolutive interpretation" of international agreements affects traditional concepts of sovereignty and democratic legitimacy. It enhances the power of technocratic elites. At the same time, we witness an intensive interplay between the different sectors of international law; new layers of 'hard' and 'soft' normativity as well as intriguing forms of legal pluralism.

scholarly journals ONE OF THE IMPORTANT ROLES OF INTERNATIONAL JUDICIAL ACT IN THE PROCESS OF MAINTAINING INTERNATIONAL PEACE AND SECURITY

2014 ◽  
Vol 8 (4) ◽  
pp. 7-12
Author(s):  
Barbu Denisa
Keyword(s):  
Human Rights ◽  
International Law ◽  
International Peace ◽  
International Protection ◽  
Public International Law ◽  
Fundamental Freedoms ◽  
Peace And Security ◽  
Protection Of Human Rights

Through the functions it performs, the judicial act has an important role in the maintenance of international peace and security, the prevention and repression of crime, as well as of the international protection of human rights and fundamental freedoms. Even the duties of public international law coincide with these goals.

Humanitarian Intervention: Which Way Forward?

2000 ◽  
Vol 14 ◽  
pp. 23-38 ◽  
Author(s):  
Richard Caplan
Keyword(s):  
Human Rights ◽  
International Law ◽  
Humanitarian Intervention ◽  
International Order ◽  
International Community ◽  
National Sovereignty ◽  
Member States ◽  
Political Consensus ◽  
Kosovo War

States have long taken exception to the notion of humanitarian intervention because it threatens to undermine a bedrock principle of international order: national sovereignty. In the case of Kosovo, however, NATO's nineteen member states chose not only to put aside their concerns for national sovereignty in favor of humanitarian considerations, but also to act without UN authorization. This essay examines the ways in which states – European states in particular – are rethinking historic prohibitions against humanitarian intervention in the wake of the Kosovo war. It focuses on two approaches:Efforts to reinterpret international law so as to demonstrate the legitimacy of humanitarian intervention andEfforts to build a political consensus regarding when and how states may use force for humanitarian endsWhile efforts to weaken prohibitions may succeed, thereby facilitating future interventions, resolution of the tension between legitimacy and effectiveness in defense of human rights will continue to elude the international community unless a political consensus can be achieved.

scholarly journals EU peacebuilding’s new khaki: Exceptionalist militarism in the trading of good governed for military-capable states

Politics ◽  
2020 ◽  
pp. 026339572094734
Author(s):  
Marta Iñiguez de Heredia
Keyword(s):  
European Union ◽  
Human Rights ◽  
Rule Of Law ◽  
Thematic Analysis ◽  
Good Governance ◽  
International Order ◽  
International Peace ◽  
Peace And Security ◽  
Liberal Peacebuilding ◽  
The Eu

This article explores how European Union (EU) peacebuilding is being reconfigured. Whereas the EU was once a bulwark of liberal peacebuilding, promoting a rule of law–based international order, it is now downplaying the goal of good governance and placing military capacity as central for international peace and security. Several works have analysed these changes but have not theorised militarism, despite war-waging and war-preparation have marked EU peacebuilding’s direction. The article argues that EU peacebuilding continues to expose elements of liberal militarism since its origins but is now changing from what Mabee and Vucetic call a nation-statist to an exceptionalist militarism. This shift implies that peace has ceased to be served by the intervention of sovereignty with a discourse based on the link between order, good governance, and human rights and is now premised on the upholding of sovereignty, even if that means the suspension of rights. The research draws on thematic analysis of EU documents and interviews undertaken with EU and G5 Sahel officials and managers of EU-funded peacebuilding programmes. It also briefly analyses the case of the Sahel as an example of how the build-up of states’ military capacity is strengthening states’ capacity to override human rights and repressing dissent.

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