Humanitarian Intervention? Justice between Sovereignty and Human Rights: J. Habermas Versus C. Schmitt

Abstract This study analyzes the humanitarian intervention in Kosovo through the perspectives of Habermas and Schmitt, underscoring its relevance to the ongoing war in Ukraine. It notes that while the Ukraine conflict is often viewed as indicative of the decline of U.S. hegemony, there is a paucity of in-depth theoretical discussion on its fundamental elements. The study emphasizes the tension arising from the duality of U.S. liberal norms (human rights protection versus intervention) and the conflict between human rights and state sovereignty. By using the concluded Kosovo case, it illustrates the dilemma of intervention for human rights protection, which closely mirrors the situation in Ukraine. The study contends that the primary issue lies in the conflict between human rights and sovereignty, as well as between intervention and protection, exposing the collapse of liberal norms and the philosophical foundations underlying the decline of U.S. hegemony. It highlights the importance of critically examining human rights and sovereignty within the broader context of the decline of U.S. hegemony and the rise of multipolarity, with the aim of identifying objectives for the emerging international order.