The State versus the Individual

The Unresolved Dilemma of Humanitarian Intervention

Whether States, coalitions of States or inter-governmental organizations can engage in humanitarian intervention lawfully without the UN Security Council´s authorization has been debated at length. Following NATO´s intervention in Kosovo in 1999, the international lawgiver had to act. The result was the concept of the responsibility to protect. But the fundamental question of the legality of humanitarian intervention remained.

This book takes a new approach by combining legal theory and international law. Legal theory enables the concept of legal validity to be better understood and permits the question to be evaluated thoroughly in international law. The outcome is that the international lawgiver has to confront the hard problem whether or not there is enough interest for human rights protection.
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Biographical Note

Katariina Simonen (1970), LL.D. in International Law, University of Turku, is a Senior Adviser at the Finnish Ministry of Defence. She has published studies on humanitarian intervention, including the awarded "Operation Allied Force: A Case of Humanitarian Intervention?”( NATO PfP Council, 2005).

Table of contents

Abbreviations; Acknowledgements; Introduction
I Humanitarian Intervention – intervention d´humanité ;
II Humanitarian Intervention in Context: A Brief Commentary on Its Recent History;
III Basic Commitments;
IV On Methods: The View of Law from Nowhere;
V On Structure;
Chapter I: “Humanitarian Intervention Norm is Valid” – Norm Proposition, Validity and Interpretation in Legal Theory
1.1 Component Parts of The Validity Argument; 1.2 Claim to Validity; 1.3 Legitimacy and Validity; 1.4 Legal Community C as a Legal Phenomenon; 1.5 Preceding Validity: Interests for Norms and Compliance; 1.6 Summary: A Realist Positivist’s View of Legal Validity;
Chapter II: Common Interest as a Basis of Law
2.1 Communitarian Trends; 2.2 Obligations erga omnes ; 2.3 Peremptory Norms jus cogens; 2.4 Community Reactions; 2.5 Conclusion: Reconciliation of Common Interests;
Chapter III: Use of Armed Force under the United Nations Charter
3.1 Introductory Remarks on the UN Charter and its Interpretation; 3.2 The Charter´s System for Uses of Force; 3.3 Uses of Force under the Charter; 3.4 Beyond the Charter; 3.5 Interim Conclusion: Validity Matrix;
Chapter IV: Empirical Appraisal of State and IGO Practice Vis-á-Vis NATO´s Allied Force Operation in Kosovo
Introduction: Auditory and Preconditions for Humanitarian Intervention; 4.1 Supreme Humanitarian Emergency in Practice; 4.2 Failure of the Peaceful Settlement of Disputes – Security Council Inaction; 4.3 Other Precautionary Preconditions; 4.4 States´ and IGOs´ Rhetoric;
Chapter V: Beyond Kosovo – Responsibility to Protect
Introduction: Discussion Continues; 5.1 ICISS – Advocating a Shift in Thinking; 5.2 R2P and Regional Round Tables in Developing Countries; 5.3 A More Secure World; 5.4 In Larger Freedom; 5.5 R2P at the World Summit 2005; 5.6 Reception of the R2P Doctrine by States; 5.7 Other Initiatives for the Advancement of R2P; 5.8 Short Evaluative Conclusions;
Chapter VI: Conclusions and Policy Recommendations
6.1 Validity Matrix of a Humanitarian Intervention Norm; 6.2 Strategies; 6.3 A Legal Basis for Humanitarian Intervention; 6.4 Policy Recommendations;
Selected Bibliography; Index.

Readership

All those interested in public international law and legal theory, the development of human rights and use of armed force, as well as those interested in regionalism and security studies.

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