Humanitarian intervention as a question of sovereignty vs. responsibility to protect

Karovska Andonovska, Biljana (2018) Humanitarian intervention as a question of sovereignty vs. responsibility to protect. International Humanitarian Law, IX. ISSN 2081-5182

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Abstract

Humanitarian intervention as a form of using military force against a sovereign state because of a violation of human rights in that state causes numerous legal dilemmas and controversies that, among other things, make it an extremely significant topic in international relations, and quite controversial from the aspect of international law. Humanitarian intervention is an equally sensitive topic not only in situations when it is undertaken as such, especially without the Security Council’s decision, but also in situations where it is needed but there is no intervention as well as in cases when humanitarian intervention is undertaken with a delay, after a huge
number of human casualties.The essential dilemmas that come to surface in the debate on humanitarian intervention are related to its legality and legitimacy and are mainly focused on the following questions: Whether the use of military force for the protection of human
rights has a legal basis? Should the international community act with military force in cases of a violation of the International Human Rights Law or should that issue be treated as an internal affair of that state? What should the intensity of human rights violation be to allow for the derogation of state sovereignty? Which entity should decide whether to intervene in a particular case?
This paper is not intended to clarify all issues related to humanitarian intervention. However, with this paper, we make an effort to clarify certain dilemmas in order to contribute to the debate on the topic. We will try to identify the conditions that should be fulfilled before undertaking a humanitarian intervention, but we will also point out the issues that are still open.

Item Type:	Article
Subjects:	Social Sciences > Law
Divisions:	Military Academy
Depositing User:	Biljana Karovska Andonovska
Date Deposited:	15 Feb 2023 08:23
Last Modified:	15 Feb 2023 08:23
URI:	https://eprints.ugd.edu.mk/id/eprint/31425

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