Tag Archives: Humanitarian Intervention

The Legality of Humanitarian Intervention (Published)

The humanitarian intervention is a concept in evolution that is widely accepted, but also controversial at the same time. The legality of humanitarian intervention is a controversial issue because on the one hand the intervention contradicts the Charter of the United Nations and on the other hand it is developed through state practice. The international system of security is based on concepts such as non-interference and the sovereign equality of states, concepts by which States do not give up because of the stability that derives from them, even in terms of increasing the evaluation for human rights and the obligation of states for the protection of these rights. The use of force against a state is prohibited if it is unauthorized by the Security Council of the United Nations, or is not taken for self-defense. In international life the disputes between countries should be resolved peacefully. This general prohibition of the use of force causes the difficulty of establishing norms and policies on humanitarian intervention. Nothing in the United Nations Charter creates the possibility that the use of force for humanitarian purposes to be understood differently from any other type of the use of force. Can the use of force in the form of humanitarian intervention be considered legal, according to this existing international legal environment? Does the practice of humanitarian intervention support the legality of the intervention?

Keywords: Humanitarian Intervention, State Sovereignty, The Practice Of Intervention, Use of Force