With specific reference to post-1990s developments, critically evaluate the scope of the doctrine of humanitarian intervention under Article 2 of the United Nations Chapter.
With specific reference to post-1990s developments, critically evaluate the scope of the doctrine of humanitarian intervention under Article 2 of the United Nations Chapter.
• Introduction
• Article 38 International Court of Justice( ICJ) statute which defines sources of law
• United Nation(UN) Charter article 1, 2, 4
• Sovereignty; Intervention
• Customary international law: 2 principles: the principle of prohibition of use of force and the principle of non-intervention
• Humanitarism: ( definition, cases, IUS COGENS)
• Legitimacy of humanitarian intervention
o Article 2(7) UN charter
o Chapter VII UN charter
o The right to intervene
o UN security council authorization
• Cases after 1990 of intervention and non intervention
Cases relevant:
o Humanitarian intervention and Chechnya
o Humanitarian intervention in Iraq
o NATO intervention in Kosovo
o Security council in Libya
o Security council in Rwanda
In these cases we should analyze
o Resolution of UN
o Who intervene
o Why did or did not intervene in the name of humanitarian intervention
• After 2000
Responsibility to protect (R2P)
o Definition
o Conditions
o Resolution that approves R2P
o Examples when we had resolution of military intervention that used R2P and humanitarian intervention
o So we have an emerging norm
• Conclusion
(the citation is LSE(London school of Economics) citation style with footnotes at the end of the page and bibliography in the last page)
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