Last edited by Ganos
Thursday, July 30, 2020 | History

4 edition of Humanitarian intervention and the legitimacy of the use of force found in the catalog.

Humanitarian intervention and the legitimacy of the use of force

by Peter Malanczuk

  • 94 Want to read
  • 33 Currently reading

Published by Het Spinhuis, M. Nijhoff International (distributor) in Amsterdam, The Netherlands, Hingham, MA, U.S.A .
Written in English

    Subjects:
  • United Nations -- Armed Forces.,
  • Intervention (International law),
  • International police.,
  • International relief.,
  • Human rights.

  • Edition Notes

    StatementPeter Malanczuk.
    Classifications
    LC ClassificationsJX4481 .M25 1993
    The Physical Object
    Pagination69 p. ;
    Number of Pages69
    ID Numbers
    Open LibraryOL1499073M
    ISBN 109073052564
    LC Control Number93175961

      An armed humanitarian intervention does not have a clear-cut definition. It can be inherent in legal derogations from the prohibition of the use of force, such as self-defence and consent of the state, or it can be an autonomous use of force in . Chapter 2 looks into armed interventions justified on humanitarian grounds in the post period and examines their legitimacy in the light of evolving norms of state sovereignty and non-use of force codified in the UN Charter.

      This richly rewarding book brings together thirteen articles that Allen Buchanan has published over the past ten years on the topics of the content and justification of human rights, the legitimacy of international law-making institutions and the use of force in international relations. The concept of humanitarian intervention is controversial because it creates a context in which one country can justify invading another and deposing its leaders. A situation could arise in which a government might exaggerate or exploit a humanitarian crisis to justify an otherwise unjustifiable takeover of another country.

    An examination of the ethics of armed humanitarian intervention from the perspective of military theory casts doubt on the legitimacy of this use of force. A study of the nature of war shows that force is a chaotic phenomenon, and that its results are almost always uncontrollable and worse than expected. Read this book on Questia. The thirteen essays by Allen Buchanan collected here are arranged in such a way as to make evident their thematic interconnections: the important and hitherto unappreciated relationships among the nature and grounding of human rights, the legitimacy of international institutions, and the justification for using military force across borders.


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Humanitarian intervention and the legitimacy of the use of force by Peter Malanczuk Download PDF EPUB FB2

If unilateral humanitarian intervention is consistently met with acquiescence, then it will come to be recognized as an exception to the prohibition on the use of force.

The ‘illegal but justified’ approach also shifts the focus away from questions of legality and towards questions of legitimacy. Get this from a library. Humanitarian intervention and the legitimacy of the use of force.

[Peter Malanczuk]. The contemporary legitimacy of humanitarian intervention is based on UN Security Council authorization of the use of force. Although the Security Council is often viewed as representative of great-power influence, international acceptance of its role is based on the role of non-permanent members and their support for the sovereignty by: 9.

Acknowledgements List of Contributors 1. Introduction Brendan Howe and Boris Kondoch 2. Aggression, the Prohibition of the Use of Force and North-East Asia Boris Kondoch 3. East Asian Values and Humanitarian Intervention Brendan Howe 4. Between Harmonious World and “War of Order”: Chinese Meanings of Just War and Their Reemergence Nadine Godehardt 5.

Malanczuk, Peter, Humanitarian Intervention and the Legitimacy of the Use of Force (Het Spinhuis, Amsterdam, ) Mandelbaum, Michael, “ Foreign Policy. The legitimacy under international law of the NATO bombing of the Federal Republic of Yugoslavia has been seriously questioned.

The UN Charter is the foundational legal document of the United Nations (UN) and is the cornerstone of the public international law governing the use of force between States. NATO members are also subject to the North Atlantic Treaty, but its use of force. Humanitarian intervention and international relations.

New York: Oxford University Press, ISBN [65] WHEELER, Nicolas J. Saving strangers: humanitarian intervention in international society. New York: Oxford University Press, ISBN Periodical Articles [66] GLENNON, Michael J. Legitimacy and the use of force.

The ways in which members of a particular society use force reveal a great deal about the nature of authority within the group and about its members' priorities.

In The Purpose of Intervention, Martha Finnemore uses one type of force, military intervention, as a window onto the shifting character of international society.

She examines the Reviews: 5. Secondly, saying that prohibiting the use of force, even in the form of humanitarian intervention, will provide a safer life, then allowing it might not be true.

For example, there might a problem that occurs in some situations that needs intervention to benefit the whole situation and solve the problem. This chapter examines the main issues at stake in the present-day heated debate regarding intervention between those adamantly opposed to any such notion, which they regard as an oxymoron; and those supportive of saving lives with the use of external armed force in exceptional cases, even without UN authorization, when extended massacres take place with no end in sight.

The. This is the defmition given to humanitarian intervention by Tom Farer, 'An Inquiry into the Legitimacy of Humanitarian Intervention' in Lori Fisler Damrosch & David Scheffer (eds), Law and Force in the New International Order (); and this is how the term will be understood in this paper.

R2P has gradually transformed the discourse surrounding intervention, and is seen by some as providing new clear-cut guidance on when military force may be utilised in pressing humanitarian situations. R2P principles were adopted by the General Assembly inbut the doctrine remains unbinding and does not confer legal rights nor.

Reading Humanitarian Intervention usefully teases out the relationship between law and power situating Orford's work within a broader body of critical international law scholarship timely and powerful.' Source: Melbourne University Law Review ' a useful contribution to the debate.' Source: Journal of Peace Research.

Most instances of humanitarian intervention have involved the use of force, thus creating what Orford () called as “muscular humanitarianism.” There is an assumption that an intervention prompted by just forces is assumed to be a positive force (Charlesworth, ).

J-P. Fonteyne, "The Customary International Law Doctrine of Humanitarian Intervention: Its Current Validity Under the U.N. Charter", in: T. Gazzini and N. Tsagourias (eds.), The Use of Force in. It brings scholars of law, philosophy, and international relations together with those who have actively engaged in cases of intervention, in order to examine the legitimacy and consequences of the use of military force for humanitarian purposes.

The book demonstrates why humanitarian intervention continues to be a controversial question not. Humanitarian intervention has been defined as a state's use of military force against another state, with publicly stating its goal is to end human rights violations in that state." This definition may be too narrow as it precludes non-military forms of intervention such as humanitarian aid and international this broader understanding, "Humanitarian intervention should be.

Argues that there has been a change of norm in relation to the legitimacy of humanitarian intervention in the s. It shows how humanitarian justifications for the use of force lacked legitimacy in Cold War international society, focusing on the cases of India, Vietnam, and Tanzania's interventions in the s.

This reflected the dominance of pluralist international society thinking in. 1 Intervention has been characterized as one of the ‘vaguest branches of international law’ and one whose study may leave ‘the impression that intervention may be anything from a speech of Lord Palmerston’s in the House of Commons to the partition of Poland’ (PH Winfield ‘The History of Intervention in International Law’ [] 3 BYIL ).

Legality Versus Legitimacy: Humanitarian Intervention, the Security Council, and the Rule of Law Show all authors. Some passages in the present article are drawn from this book. Google Scholar. 5 Independent International Commission on Kosovo, The 22 It is arguable that the use of force was first outlawed by the Kellogg.

Humanitarian intervention and the legitimacy of the use of force [Malanczuk, Peter] on *FREE* shipping on qualifying offers. Humanitarian intervention and the legitimacy of the use of forceAuthor: Peter Malanczuk.legal conditions under which states can use force against others. They constitute the current legal environment in which war is conducted.

The second section con-siders how humanitarian intervention!ts into this environment. It examines the evidence that humanitarian intervention is illegal and then the arguments for its legality.Case studies on Liberia, Bosnia, Somalia, Rwanda, Afghanistan and Iraq explain how legitimacy related to the outcome of these operations.

This book will be of much interest to students of stability operations, counterinsurgency, peace operations, humanitarian intervention, and IR/security studies in general.