scholarly journals The NATO action against the Federal Republic of Yugoslavia: humanitarian intervention in the post-Cold War era

2021 ◽  
Vol 50 (4) ◽  
pp. 478-512
Author(s):  
Steven Wheatley

N/A

Author(s):  
Franchini Daniel ◽  
Tzanakopoulos Antonios

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.


2011 ◽  
Vol 7 (1) ◽  
pp. 87-94 ◽  
Author(s):  
Aidan Hehir

The three books reviewed here all address the question of the efficacy of international law and advance concerns about its future trajectory, albeit in contrasting ways. As has been well documented, the role of international law – specifically in the regulation of the use of force – has undergone significant scrutiny in the post-Cold War era. To a much greater extent than during the Cold War, contemporary conflicts and crises are invariably discussed with reference to international law, and the legality of a particular use of force has become a significant factor in assessing its legitimacy; one need only think of the importance placed on the legality of the 2003 invasion of Iraq. This increase in prominence suggests that international law has become more important, and unsurprisingly those used to the discipline's previous role as exotic curio have welcomed this sudden promotion (Robertson, 2000).


2008 ◽  
Vol 43 (1) ◽  
pp. 55-78 ◽  
Author(s):  
Helen Dexter

AbstractThe post-Cold War era has seen the return of the ‘good war’ and a move away from legal pacifism – the control of war through international law – to ‘just war’ theorizing. This article is concerned with the re-legitimization of warfare witnessed within the post-Cold War security paradigm that is being justified via humanitarian claims. It aims to highlight the difficult relationship that has developed since the commencement of the Bush administration's ‘war on terror’ between the cosmopolitan beliefs of those who have long argued for legal and legitimate humanitarian intervention, and the cosmopolitanism being espoused by the neo-conservatives of the Bush administration and the Project for the New American Century.


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