Justified Non Intervention

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Defending Humanity

Author : George P. Fletcher
Publisher : Oxford University Press
ISBN 13 : 0198040350
Total Pages : 286 pages
Book Rating : 4.1/5 (98 download)

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Book Synopsis Defending Humanity by : George P. Fletcher

Download or read book Defending Humanity written by George P. Fletcher and published by Oxford University Press. This book was released on 2013-02-01 with total page 286 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Defending Humanity, internationally acclaimed legal scholar George P. Fletcher and Jens David Ohlin, a leading expert on international criminal law, tackle one of the most important and controversial questions of our time: When is war justified? When a nation is attacked, few would deny that it has the right to respond with force. But what about preemptive and preventive wars, or crossing another state's border to stop genocide? Was Israel justified in initiating the Six Day War, and was NATO's intervention in Kosovo legal? What about the U.S. invasion of Iraq? In their provocative book, Fletcher and Ohlin offer a groundbreaking theory on the legality of war with clear guidelines for evaluating these interventions. The authors argue that much of the confusion on the subject stems from a persistent misunderstanding of the United Nations Charter. The Charter appears to be very clear on the use of military force: it is only allowed when authorized by the Security Council or in self-defense. Unfortunately, this has led to the problem of justifying force when the Security Council refuses to act or when self-defense is thought not to apply--and to the difficult dilemma of declaring such interventions illegal or ignoring the UN Charter altogether. Fletcher and Ohlin suggest that the answer lies in going back to the domestic criminal law concepts upon which the UN Charter was originally based, in particular, the concept of "legitimate defense," which encompasses not only self-defense but defense of others. Lost in the English-language version of the Charter but a vital part of the French and other non-English versions, the concept of legitimate defense will enable political leaders, courts, and scholars to see the solid basis under international law for states to intervene with force--not just to protect themselves against an imminent attack but also to defend other national groups.

When is military intervention morally justified?

Author : Christian Kreß
Publisher : GRIN Verlag
ISBN 13 : 3638392724
Total Pages : 20 pages
Book Rating : 4.6/5 (383 download)

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Book Synopsis When is military intervention morally justified? by : Christian Kreß

Download or read book When is military intervention morally justified? written by Christian Kreß and published by GRIN Verlag. This book was released on 2005-07-03 with total page 20 pages. Available in PDF, EPUB and Kindle. Book excerpt: Seminar paper from the year 2005 in the subject Politics - International Politics - Topic: Peace and Conflict Studies, Security, grade: 1,0, University of Tubingen, course: Course 'Normative Theories of International Relations', language: English, abstract: Somalia, Serbia-Montenegro, Iraq – These are just three of several countries that were exposed to external military intervention in recent times. Although this kind of intervention is in principle prohibited under international law under Article 2 of the United Nations Charter, states have not been hesitating to use force in order to retaliate against an aggressor, to preventively fight against a threat to national security or to protect human rights. Regardless of its legality, it is interesting to analyze the legitimacy of an intervention from an ethical perspective. Under which conditions is a state morally justified to militarily interfere in another state’s internal affairs? What are the moral standards on which a state’s conduct of war should be based? Opinions among scholars differ greatly when dealing with this contentious issue. This essay is going to provide some possible answers. Initially, I define the key concepts of the essay theme: “morality” and “intervention”. The second chapter deals with two crucial theories of the justice of intervention, namely utilitarianism and just war theory. Subsequently, I present some of Michael Walzer’s ideas about just war as elaborated in his famous book “Just and Unjust Wars”. At the end of my essay, in the fourth chapter, I attempt to answer the question whether the NATO intervention in Kosovo was morally justified by applying just war theory. The second and third chapter are accompanied by my personal evaluation.

The Responsibility to Protect

Author : International Commission on Intervention and State Sovereignty
Publisher : IDRC
ISBN 13 : 9780889369634
Total Pages : 432 pages
Book Rating : 4.3/5 (696 download)

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Book Synopsis The Responsibility to Protect by : International Commission on Intervention and State Sovereignty

Download or read book The Responsibility to Protect written by International Commission on Intervention and State Sovereignty and published by IDRC. This book was released on 2001 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt: Responsibility to Protect: Research, bibliography, background. Supplementary volume to the Report of the International Commission on Intervention and State Sovereignty

The Emergence of Humanitarian Intervention

Author : Fabian Klose
Publisher : Cambridge University Press
ISBN 13 : 1107075513
Total Pages : 375 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis The Emergence of Humanitarian Intervention by : Fabian Klose

Download or read book The Emergence of Humanitarian Intervention written by Fabian Klose and published by Cambridge University Press. This book was released on 2016 with total page 375 pages. Available in PDF, EPUB and Kindle. Book excerpt: A study of the emergence and development of humanitarian intervention from the nineteenth century through to the present day. Drawing from a multitude of disciplines, it investigates the complex and controversial debates over the legitimacy of protecting humanitarian norms and universal human rights by violent as well as non-violent means.

Political Theory, International Relations, and the Ethics of Intervention

Author : Ian Forbes
Publisher : Springer
ISBN 13 : 134922913X
Total Pages : 257 pages
Book Rating : 4.3/5 (492 download)

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Book Synopsis Political Theory, International Relations, and the Ethics of Intervention by : Ian Forbes

Download or read book Political Theory, International Relations, and the Ethics of Intervention written by Ian Forbes and published by Springer. This book was released on 2016-07-27 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume is about the discourse and practice of intervention and non-intervention in international relations. The product of a dialogue between theorists of politics and international relations, it argues that intervention is endemic in world politics but that we need to move beyond traditional accounts of such practices. In moving towards a more encompassing approach, it explores traditional and post-modern perspectives on our understanding of sovereignty, the state and the state system; conceptions of power, identity and agency; and universal, particularist and contingent justifications for intervention and non-intervention.

International Law and the Principle of Non-Intervention

Author : Professor of International Law Marco Roscini
Publisher : Oxford University Press
ISBN 13 : 0198786891
Total Pages : 497 pages
Book Rating : 4.1/5 (987 download)

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Book Synopsis International Law and the Principle of Non-Intervention by : Professor of International Law Marco Roscini

Download or read book International Law and the Principle of Non-Intervention written by Professor of International Law Marco Roscini and published by Oxford University Press. This book was released on 2024-09-06 with total page 497 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a systematic analysis of the principle of non-intervention from a historical, theoretical, and systematic perspective. Roscini argues that the principle is strictly linked to some fundamental notions of international law, such as sovereignty, use of force, self-determination, and human rights protection.

Just War Or Just Peace?

Author : Simon Chesterman
Publisher :
ISBN 13 : 9780199257997
Total Pages : 332 pages
Book Rating : 4.2/5 (579 download)

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Book Synopsis Just War Or Just Peace? by : Simon Chesterman

Download or read book Just War Or Just Peace? written by Simon Chesterman and published by . This book was released on 2002 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book asks whether states have the right to intervene in foreign civil conflicts for humanitarian reasons. The UN Charter prohibits state aggression, but many argue that such a right exists as an exception to this rule. Offering a thorough analysis of this issue, the book puts NATO's action in Kosovo in its proper legal perspective.

Debating Humanitarian Intervention

Author : Fernando R. Tesón
Publisher : Oxford University Press
ISBN 13 : 0190202920
Total Pages : 352 pages
Book Rating : 4.1/5 (92 download)

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Book Synopsis Debating Humanitarian Intervention by : Fernando R. Tesón

Download or read book Debating Humanitarian Intervention written by Fernando R. Tesón and published by Oxford University Press. This book was released on 2017-10-03 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: When foreign powers attack civilians, other countries face an impossible dilemma. Two courses of action emerge: either to retaliate against an abusive government on behalf of its victims, or to remain spectators. Either course offers its own perils: the former, lost lives and resources without certainty of restoring peace or preventing worse problems from proliferating; the latter, cold spectatorship that leaves a country at the mercy of corrupt rulers or to revolution. Philosophers Fernando Tesón and Bas van der Vossen offer contrasting views of humanitarian intervention, defining it as either war aimed at ending tyranny, or as violence. The authors employ the tools of impartial modern analytic philosophy, particularly just war theory, to substantiate their claims. According to Tesón, a humanitarian intervention has the same just cause as a justified revolution: ending tyranny. He analyzes the different kinds of just cause and whether or not an intervener may pursue other justified causes. For Tesón, the permissibility of humanitarian intervention is almost exclusively determined by the rules of proportionality. Bas van der Vossen, by contrast, holds that military intervention is morally impermissible in almost all cases. Justified interventions, Van der Vossen argues, must have high ex ante chance of success. Analyzing the history and prospects of intervention shows that they almost never do. Tesón and van der Vossen refer to concrete cases, and weigh the consequences of continued or future intervention in Syria, Somalia, Rwanda, Bosnia, Iraq, Lybia and Egypt. By placing two philosophers in dialogue, Debating Humanitarian Intervention is not constrained by a single, unifying solution to the exclusion of all others. Rather, it considers many conceivable actions as judged by analytic philosophy, leaving the reader equipped to make her own, informed judgments.

Nonintervention and International Order

Author : R. J. Vincent
Publisher : Princeton University Press
ISBN 13 : 1400871581
Total Pages : 473 pages
Book Rating : 4.4/5 (8 download)

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Book Synopsis Nonintervention and International Order by : R. J. Vincent

Download or read book Nonintervention and International Order written by R. J. Vincent and published by Princeton University Press. This book was released on 2015-03-08 with total page 473 pages. Available in PDF, EPUB and Kindle. Book excerpt: Frequent instances of intervention in current world affairs have threatened the status of nonintervention as a rule of international relations. Gathering evidence from history, law, sociology, and political science, R. J. Vincent concludes that the principle of nonintervention can and must remain viable. The author approaches the question from several angles, seeking to discover why the principle of nonintervention has been asserted as part of the law of nations; whether states in the past and present have conducted their foreign relations according to the principle of nonintervention; and what function the principle performs in the society formed between states. The author examines the principle of nonintervention through examples taken from contemporary world politics, focusing on its role in the doctrine and practice of the Soviet Union, the United States, and the United Nations. He argues that, despite the erosion of the order of sovereign states, the arrival of nuclear response weapons, all-enveloping ideological conflict, and transnational relationships that diminish the significance of state frontiers, the principle of nonintervention continues to contribute to the international order. Originally published in 1974. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.

Saving Strangers

Author : Nicholas J. Wheeler
Publisher : OUP Oxford
ISBN 13 : 0191522597
Total Pages : 353 pages
Book Rating : 4.1/5 (915 download)

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Book Synopsis Saving Strangers by : Nicholas J. Wheeler

Download or read book Saving Strangers written by Nicholas J. Wheeler and published by OUP Oxford. This book was released on 2000-09-08 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: The extent to which humanitarian intervention has become a legitimate practice in post-cold war international society is the subject of this book. It maps the changing legitimacy of humanitarian intervention by comparing the international response to cases of humanitarian intervention in the cold war and post-cold war periods. Crucially, the book examines how far international society has recognised humanitarian intervention as a legitimate exception to the rules of sovereignty and non-intervention and non-use of force. While there are studies of each case of intervention-in East Pakistan, Cambodia, Uganda, Iraq, Somalia, Rwanda, Bosnia and Kosovo-there is no single work that examines them comprehensively in a comparative framework. Each chapter tells a story of intervention that weaves together a study of motives, justifications and outcomes. The legitimacy of humanitarian intervention is contested by the 'pluralist' and 'solidarist' wings of the English school, and the book charts the stamp of these conceptions on state practice. Solidarism lacks a full-blown theory of humanitarian intervention and the book supplies one. This theory is employed to assess the humanitarian qualifications of the cases of intervention analysed in the book, and this normative assessment is then compared to the moral practices of states. A key focus is to examine how far humanitarian intervention as a legitimate practice is present in the diplomatic dialogue of states. In exploring how far there has been a change of norm in the society of states in the 1990s, the book defends the broad based constructivist claim that state actions will be constrained if they cannot be legitimated, and that new norms enable new practices but do not determine these. The book concludes by considering how far contemporary practices of humanitarian intervention support a new solidarism, and how far this resolves the traditional conflict between order and justice in international society.

Community, Solidarity and Belonging

Author : Andrew Mason
Publisher : Cambridge University Press
ISBN 13 : 9780521637282
Total Pages : 258 pages
Book Rating : 4.6/5 (372 download)

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Book Synopsis Community, Solidarity and Belonging by : Andrew Mason

Download or read book Community, Solidarity and Belonging written by Andrew Mason and published by Cambridge University Press. This book was released on 2000-07-27 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book systematically explores the relationship between the state, and different levels of community.

The Evolution of the Doctrine and Practice of Humanitarian Intervention

Author : Francis Kofi Abiew
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9789041111609
Total Pages : 328 pages
Book Rating : 4.1/5 (116 download)

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Book Synopsis The Evolution of the Doctrine and Practice of Humanitarian Intervention by : Francis Kofi Abiew

Download or read book The Evolution of the Doctrine and Practice of Humanitarian Intervention written by Francis Kofi Abiew and published by Martinus Nijhoff Publishers. This book was released on 1999-03-25 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: The topic of humanitarian intervention has become increasingly significant since the end of the Cold War. Despite a substantial body of literature on the subject in the past, recent developments justify a contemporary study of the subject. This book is not only timely, given the crises which have occasioned United Nations interventions over the past several years, but enduring, as international political structures undergo stress and reform, and as international law and international relations theorists grapple with the sovereignty/intervention problem. It defends the emergence of a right of humanitarian intervention and argues that state sovereignty is not incompatible with humanitarian intervention. After a thorough review of historical precedents, the book concludes by assessing contemporary developments in terms of sources of support for intervention on humanitarian grounds.

International Law and the United States Military Intervention in the Western Hemisphere

Author : Max Hilaire
Publisher : BRILL
ISBN 13 : 9004635831
Total Pages : 160 pages
Book Rating : 4.0/5 (46 download)

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Book Synopsis International Law and the United States Military Intervention in the Western Hemisphere by : Max Hilaire

Download or read book International Law and the United States Military Intervention in the Western Hemisphere written by Max Hilaire and published by BRILL. This book was released on 2023-07-24 with total page 160 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study tackles a controversial topic in international law and contemporary international relations, namely, the legality of intervention by a major power against weaker states within the same geographic region. Specifically, the author examines the practice of United States intervention in the Western Hemisphere, with particular emphasis on the relationship between the United States and its Latin American and Caribbean neighbours. The work highlights six cases of U.S. intervention-Guatemala in 1954, Cuba in 1961, the Dominican Republic in 1965, Grenada in 1983, Nicaragua in 1985, and Panama in 1989. In each case the United States arguably violated international law and the sovereignty of the states involved but claimed it had a right to intervene to protect the lives of its nationals or to defend its national security against an external threat. These cases amply demonstrate the conflict between international law on the one hand, and regional norms, power politics, and political doctrines on the other. They also illustrate how international law can be manipulated to advance the foreign policy goals of a major power. The author adopts an interdisciplinary approach, combining international law, political doctrines, international relations theory and historical antecedents, to provide a better understanding of the relationship between a major power and its subordinates and of the relevance of international law in such a relationship.

Utilitarianism and the Ethics of War

Author : William H. Shaw
Publisher : Routledge
ISBN 13 : 1135969132
Total Pages : 184 pages
Book Rating : 4.1/5 (359 download)

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Book Synopsis Utilitarianism and the Ethics of War by : William H. Shaw

Download or read book Utilitarianism and the Ethics of War written by William H. Shaw and published by Routledge. This book was released on 2016-02-15 with total page 184 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a detailed utilitarian analysis of the ethical issues involved in war. Utilitarianism and the Ethics of War addresses the two basic ethical questions posed by war: when, if ever, are we morally justified in waging war, and if recourse to arms is warranted, how are we permitted to fight the wars we wage? In addition, it deals with the challenge that realism and relativism raise for the ethical discussion of war, and with the duties of military personnel and the moral challenges they can face. In tackling these matters, the book covers a wide range of topics—from pacifism to armed humanitarian intervention, from the right of national defense to pre-emptive or preventive war, from civilian immunity to the tenets of just war theory and the moral underpinnings of the rules of war. But, what is distinctive about this book is that it provides a consistent and thorough-going utilitarian or consequentialist treatment of the fundamental normative issues that war occasions. Although it goes against the tide of recent work in the field, a utilitarian approach to the ethics of war illuminates old questions in new ways by showing how a concern for well-being and the consequences of our actions and policies shape the moral constraints to which states and other actors must adhere. This book will be of much interest to students of the ethics of war, just war theory, moral philosophy, war and conflict studies and IR.

The Globalization of World Politics

Author : John Baylis
Publisher : Oxford University Press, USA
ISBN 13 : 0198825544
Total Pages : 646 pages
Book Rating : 4.1/5 (988 download)

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Book Synopsis The Globalization of World Politics by : John Baylis

Download or read book The Globalization of World Politics written by John Baylis and published by Oxford University Press, USA. This book was released on 2020-01-02 with total page 646 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Globalization of World Politics, the bestselling introduction to international relations, offers the most comprehensive coverage of the key theories and global issues in world politics. The eighth edition engages with contemporary global challenges, featuring a brand new chapter on Refugees and Forced Migration and updated coverage of decolonization to ensure the book continues to cover those topics that will define the key issues in IR into the future. Tailored pedagogical features help readers to evaluate key IR debates and apply theory and concepts to real world events. A fully updated Opposing Opinions feature facilitates critical and reflective debate on contemporary policy challenges, from decolonising universities to debates over migration and the state. Leading scholars in the field introduce readers to the history, theory, structures and key issues in IR, providing students with an ideal introduction and a constant guide throughout their studies. Students and lecturers are further supported by extensive online resources to encourage deeper engagement with content: Student resources: International relations simulations encourage students to develop negotiation and problem solving skills by engaging with topical events and processes IR theory in practice case studies encourage students to apply theories to current and evolving global events Video podcasts from contributors help students to engage with key issues and cases in IR Guidance on how to evaluate the Opposing Opinions feature, supporting students to engage in nuanced debate over key policy challenges Interactive library of links to journal articles, blogs and video content to deepen students' understanding of key topics and explore their research interests Flashcard glossary to reinforce understanding of key terms Multiple choice questions for self-study help students to reinforce their understanding of the key points of each chapter Revision guide to consolidate understanding and revise key terms and themes Instructor Resources: Case studies help to contextualise and deepen theoretical understanding Test bank - fully customisable assessment questions to test and reinforce students' understanding of key concepts Question bank - a bank of short answer and essay questions to promote students' critical reflection on core issues and themes within each chapter Customisable PowerPoint slides help to support effective teaching preparation Figures and tables from the book allow clear presentation of key data and support students' data analysis

The Justification of War and International Order

Author : Lothar Brock
Publisher : Oxford University Press
ISBN 13 : 0192634631
Total Pages : 560 pages
Book Rating : 4.1/5 (926 download)

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Book Synopsis The Justification of War and International Order by : Lothar Brock

Download or read book The Justification of War and International Order written by Lothar Brock and published by Oxford University Press. This book was released on 2021-02-11 with total page 560 pages. Available in PDF, EPUB and Kindle. Book excerpt: The history of war is also a history of its justification. The contributions to this book argue that the justification of war rarely happens as empty propaganda. While it is directed at mobilizing support and reducing resistance, it is not purely instrumental. Rather, the justification of force is part of an incessant struggle over what is to count as justifiable behaviour in a given historical constellation of power, interests, and norms. This way, the justification of specific wars interacts with international order as a normative frame of reference for dealing with conflict. The justification of war shapes this order, and is being shaped by it. As the justification of specific wars entails a critique of war in general, the use of force in international relations has always been accompanied by political and scholarly discourses on its appropriateness. In much of the pertinent literature the dominating focus is on theoretical or conceptual debates as a mirror of how international normative orders evolve. In contrast, the focus of the present volume is on theory and political practice as sources for the re- and de-construction of the way in which the justification of war and international order interact. With contributions from international law, history, and international relations, and from Western and non-Western perspectives, this book offers a unique collection of papers exploring the continuities and changes in war discourses as they respond to and shape normative orders from early modern times to the present.

Intervention in Civil Wars

Author : Chiara Redaelli
Publisher : Bloomsbury Publishing
ISBN 13 : 1509940553
Total Pages : 340 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Intervention in Civil Wars by : Chiara Redaelli

Download or read book Intervention in Civil Wars written by Chiara Redaelli and published by Bloomsbury Publishing. This book was released on 2021-02-25 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book investigates the extent to which traditional international law regulating foreign interventions in internal conflicts has been affected by the human rights paradigm. Since the adoption of the Charter of the United Nations, foreign armed interventions in internal conflicts have turned into a common practice. At first sight, it might seem that state practice has developed in a chaotic fashion, however on closer examination, specific patterns emerge. The book charts these patterns by examining the traditional doctrines of intervention and testing them against state practise. The book has two aims. Firstly, it seeks to clarify the current legal framework regulating interventions in internal conflicts. Secondly, it plots the emergence of new trends and investigates whether they are becoming part of positive international law. By taking this dual focus, it offers the first truly comprehensive examination of foreign interventions in internal conflicts.