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Humanitarian Intervention in International Law

DefinitionHumanitarian intervention is defined as a state's use of military force against another state when the chief publicly declared aim of that military action is ending human-rights violations being perpetrated by

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Слайд 1Humanitarian Intervention in International Law
By Marina Ivanova

Humanitarian Intervention in International LawBy Marina Ivanova

Слайд 2Definition
Humanitarian intervention is defined as a state's use of military

force against another state when the chief publicly declared aim

of that military action is ending human-rights violations being perpetrated by the state against which it is directed.

Is there anything unusual?

Permissible humanitarian intervention (Teson) is the proportionate international use or threat of military force, undertaken in principle by a liberal government or alliance, aimed at ending tyranny or anarchy, welcomed by the victims, and consistent with the doctrine of double effect.

DefinitionHumanitarian intervention is defined as a state's use of military force against another state when the chief

Слайд 3Key Elements
Humanitarian intervention involves the threat and use of

military forces as a central feature
It is an intervention

in the sense that it entails interfering in the internal affairs of a state by sending military forces into the territory or airspace of a sovereign state that has not committed an act of aggression against another state.
The intervention is in response to situations that do not necessarily pose direct threats to states' strategic interests, but instead is motivated by humanitarian objectives

The subject of humanitarian intervention has remained a compelling foreign policy issue, since NATO's intervention in Kosovo in 1999.

Key Elements Humanitarian intervention involves the threat and use of military forces as a central feature It

Слайд 4Philosophy
John Stuart Mill (1859) – “A Few Words on

Non-intervention”
There seems to be no little need that the whole

doctrine of non-interference with foreign nations should be reconsidered. There assuredly are cases in which it is allowable to go to war, without having been ourselves attacked, or threatened with attack; and it is very important that nations should make up their minds in time, as to what these cases are.

The disputed question is that of interfering in the regulation of another country’s internal concerns; the question whether a nation is justified in taking part, on either side, in the civil wars or party contests of another: and chiefly, whether it may justifiably aid the people of another country in struggling for liberty; or may impose on a country any particular government or institutions, either as being best for the country itself, or as necessary for the security of its neighbours.

Philosophy John Stuart Mill (1859) – “A Few Words on Non-intervention”There seems to be no little need

Слайд 5Legal Grounds
Humanitarian intervention is a concept that can allow the

use of force in a situation when the UN Security

Council cannot pass a resolution under Chapter VII of the Charter of the United Nations due to veto by a permanent member. Chapter VII allows the Security Council to take action in situations where there is a "threat to the peace, breach of the peace or act of aggression". However, any resolution to that effect must be supported by all five permanent members.

Although most writers agree that humanitarian interventions should be undertaken multilaterally, ambiguity remains over which particular agents – the UN, regional organizations, or a group of states – should act in response to mass violations of human rights.

Legal GroundsHumanitarian intervention is a concept that can allow the use of force in a situation when

Слайд 6Four Approaches
Status quo
Excusable breach
Customary law
Codification

Four ApproachesStatus quoExcusable breachCustomary lawCodification

Слайд 7Responsibility to Protect (R2P)
Under Responsibility to Protect doctrine, rather than

having a right to intervene in the conduct of other

states, states are said to have a responsibility to intervene and protect the citizens of another state where that other state has failed in its obligation to protect its own citizens.
Responsibility to Protect (R2P)Under Responsibility to Protect doctrine, rather than having a right to intervene in the

Слайд 8Examples
The defeat of Shipka Peak, Bulgarian War of Independence
Russo-Turkish War

(1877–1878)
The Russo-Turkish War of 1877–78 was a conflict between the

Ottoman Empire and the Eastern Orthodox coalition led by the Russian Empire and composed of Bulgaria, Romania, Serbia, and Montenegro. Fought in the Balkans and in the Caucasus, it originated in emerging 19th-century Balkan nationalism.
ExamplesThe defeat of Shipka Peak, Bulgarian War of IndependenceRusso-Turkish War (1877–1878)The Russo-Turkish War of 1877–78 was a

Слайд 9Examples (2)
1999 NATO bombing of Yugoslavia
NATO claimed that the Albanian

population in Kosovo were being persecuted by FRY forces, Serbian

police, and Serb paramilitary forces, and that military action was needed to force the FRY to stop.
Examples (2)1999 NATO bombing of YugoslaviaNATO claimed that the Albanian population in Kosovo were being persecuted by

Слайд 10Examples (3)
Military intervention against ISIL (ISIS)
In response to rapid territorial

gains made by the Islamic State of Iraq and the

Levant (ISIL) during the first half of 2014, and its internationally condemned brutality, reported human rights abuses and the fear of further spillovers of the Syrian Civil War, many states began to intervene against it in both the Syrian Civil War and the Iraqi Civil War (2014–present).Later, there were also minor interventions by some states against ISIL-affiliated groups in Nigeria and Libya.
Examples (3)Military intervention against ISIL (ISIS)In response to rapid territorial gains made by the Islamic State of

Слайд 11Discussion
Is Russian humanitarian intervention possible, legal or necessary in Ukraine,

DPR & LPR?
During the ongoing war between Ukrainian government forces

and the forces of LPR & DPR fighting for their self-determination in the Donbass region of Ukraine that began in April 2014, many international organisations and states noted a deteriorating humanitarian situation in the conflict zone.
DiscussionIs Russian humanitarian intervention possible, legal or necessary in Ukraine, DPR & LPR?During the ongoing war between

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