The paper asks whether humanitarian intervention is legal and reviews contemporary legal arguments on both sides. It finds that both views are sustainable by conventional accounts of the sources of international law; humanitarian intervention is at once legal and illegal. The paper then considers the implications of this for the idea of the rule of law in world politics. The power of international law in this case comes from its utility as a resource for justifying state policies, not as a (...) means for distinguishing compliance from non-compliance. Law remains important to world politics, but in a different way than usually understood. (shrink)

This article analyses various ways to articulate the ethical investigations of French philosopher Emmanuel Levinas with the doctrine of the responsibility to protect. In response to genocide and mass atrocity, an imperative to understand responsibility in a broader and more forceful way entails in both cases a new and analogous revision of the related concepts of identity and sovereignty. A basic complementarity of Levinas’ ethics with the responsibility to protect is ascertained: while Levinas’ ethical investigations can indeed bring a philosophical (...) basis to the responsibility to protect, the latter can, in a limited way, be construed as practical policy implications of the former. (shrink)

The current mechanisms and agents of humanitarian intervention are inadequate. As the crisis in Darfur has highlighted, the international community lacks both the willingness to undertake humanitarian intervention and the ability to do so legitimately. This article considers a cosmopolitan solution to these problems: the creation of a standing army for the United Nations. There have been a number of proposals for such a force, including many recently. However, they contain two central flaws: the force proposed would be, firstly, too (...) small and, secondly, too dependent on major states. Accordingly, I argue that, to be a substantial improvement on the current situation, such a force would need to be, firstly, much larger and, secondly, in the hands of cosmopolitan democratic institutions. This two-part solution would solve the problems faced by current interveners, but is unlikely to be realised soon. Accordingly, I argue that our immediate efforts should instead be concentrated on improving regional organisations' ability to intervene. (shrink)

When is humanitarian intervention legitimate and how should such interventions be conducted? This article sets out eight liberal principles that underlie humanitarian intervention, some of them abstract principles of international ethics and others more concrete principles that apply specifically to humanitarian intervention. It argues that whilst these principles do not determine the legitimacy of particular interventions, they should ?incline? our judgments towards approval or disapproval. The basic principles include the liberal idea that governments are the mere agents of the people, (...) that tyrannical governments forfeit their legal protections, that human rights entail obligations for governments, that justifiable intervention must intend the end of tyranny or anarchy, that the doctrine of double-effect should be respected, that intervention is only warranted in severe cases, that intervention be welcomed by those it is intended to save, and that ideally it is welcomed by the community of democratic states. (shrink)

Abstract Finding a moral justification for humanitarian intervention has been the objective of a great deal of academic inquiry in recent years. Most of these treatments, however, make certain arguments or assumptions about the morality of humanitarian intervention without fully exploring their precise philosophical underpinnings, which has led to an increasingly disjointed body of literature. The purpose of this essay, therefore, is to suggest that the conventional arguments and assumptions made about the morality of humanitarian intervention can be encompassed in (...) what is essentially a consequentialist framework. After a brief examination of consequentialist ethics, this essay reveals a number of morally relevant factors concerning humanitarian intervention, wherein I suggest that the general consensus in the literature on these factors constitutes ?commonsense morality?. In doing so, I argue that consequentialism as a theory of the right provides the best fit with commonsense morality on humanitarian intervention. This is important not only to reveal the precise philosophical underpinnings of the debate, but also to bring ethical, prudential and political considerations together in a coherent ethical discourse. (shrink)

The mass killings, large-scale gang rape and large-scale expulsion of the Rohingyas from Myanmar constitute one of the most repugnant world events in recent years. This article addresses the question of whether armed humanitarian intervention would have been morally permissible to protect the Rohingyas. It approaches the question from the perspective of the jus ad bellum criteria of just war theory. This approach does not yield a definitive answer because knowing whether certain jus ad bellum conditions might have been satisfied (...) is difficult to judge without detailed knowledge of military intelligence assessments. Nevertheless, I argue that there was just cause for intervention according to both liberal and communitarian perspectives; that legitimate authority in the form of United Nations Security Council authorization would not have been morally necessary; that it is doubtful whether permissible intervention would have required humanitarian intent; that in late August 2017, intervention might well have been a last resort, but that morally relevant facts suggest intervention might have been disproportionate and lacked a reasonable chance of success, such that, all things considered, it would have perhaps been impermissible. -/- (Free access via third external link). (shrink)

Overall, the leading Western states responded to genocide in the 1990s with too little, too late. Their political leaders chose a shortsighted strategy of denial, obfuscation, and deception rather than live, up to their solemn obligation to stop genocide. Humanity suffered greatly as a consequence. However, if genocide scholars can join and give direction to the ongoing debate within the national security community about how to prevent future Rwandas and Srebrenicas, then there is some hope that this new century may (...) be less barbarous than the one we just left. (shrink)

When, where, and how should the promotion of human rights and democracy abroad figure in American foreign policy? A compelling way for liberals to influence this debate is to underscore a Wilsonian agenda's relevance to national security.

Why should members of societies engaging in humanitarian intervention support the costs of that project? It is sometimes argued that only a theory of natural duty can require their support and that contractualist theories fail because they are exclusionary. This article argues that, on the contrary, natural duty is inadequate as a basis and that contractualism provides a basis for placing support for (justified) interventions among the duties of citizenship. The duty to support intervention is not, therefore, a competitor (of (...) indeterminate weight) to our duties to compatriots, since it rests on the same basis. That is because exclusive citizenship can be justified only if social contracts can be iterated elsewhere and successful societies therefore owe assistance to societies that are immobilized by state abuse or state failure. (shrink)

A close reading of the United Nations Charter supports humanitarian intervention in Kosovo. While the explicit Charter provisions permitting force do not appear to be applicable, the Charter implicitly permitted and even mandated the action. The strongest justifications for humanitarian intervention in Kosovo are linked to affirmative human rights concerns, subject to substantive and procedural limitations. While the intervention in Kosovo was fully legal at the outset, any claims that the bombing campaign violated the laws of war should be investigated. (...) Meaningful humanitarian intervention does not threaten world order. Rather, it vindicates the fundamental principles for which the United Nations was created. (shrink)