Humanitarian Intervention in International Law
Uluslararası Hukukta Teamül Olarak İnsani Müdahale

Author : Gül Seda ACET
Number of pages : 445-453

Abstract

After the Cold War, the fact of increasing political crises, domestic conflicts, human rights violations, and that threats against people are practised by their own states, raised a further humanitarian intervention question. Humanitarian intervention is in general defined as the use of one or more states' armed forces to protect citizens of the intervened state from broad human rights violations. Although humanitarian intervention has been put into practice principally for humanitarian cause, it is one of the most controversial issues in the International Relations both theoretically and practically. Humanitarian intervention is not included in any binding international law text, especially the UN Charter. For this reason, there is no consensus on the definition and limits of human intervention in the literature. Therefore, it is difficult to determine the boundaries and the implementation fundamentals of human intervention. Similarly, the fact that humanitarian intervention did not enter into any international law article means that it is not legal law, in other words it is not legal. In practice, humanitarian intervention is nevertheless practiced with ethical responsibility when it is subject to human rights violations and humanitarian crises, as observed in various practices (Haiti, Somalia, Rwanda, Kosovo). In this context, considering the humanitarian intervention practices, it is argued that humanitarian intervention is not legal, however it can be morally legitimate if necessary. In this study, the progress in the way to take a part in customary international law is evaluated in the light of the applied humanitarian intervention exercises.

Keywords

International Law, Humanitarian Intervention, Custom, Legality

Read: 810

Download: 274