THE IMPORTANCE OF HUMANITARIAN MILITARY INTERVENTION FOR WORLD PEACE: ITS PLACE AND LIMITS IN THE UNITED NATIONS CHARTER

The issue of humanitarian intervention, or humanitarian military intervention, has been among the most controversial and important issues in international law for years. The prohibition of the use of force and the principle of state sovereignty, on the one hand, and the necessity of intervention to protect human rights in situations where states commit serious and systematic human rights violations within their own territory, on the other, have led to the search for solutions consistent with international law. However, this same legal legitimacy has revealed that different practices are observed in similar cases. The main objective of this qualitative study is to examine the fundamental conditions for humanitarian intervention, particularly within the United Nations (UN) system, to establish its legal legitimacy (decision-making institutions and criteria), and to determine the conditions under which decisions regarding the implementation of such interventions are made through comparative country examples. Data were analyzed through an indepth literature review, the collection of international documents, and the self-determination theory. The analyses revealed that the criteria for the UN and the Security Council about intervention, the body responsible for establishing security, to engage in humanitarian intervention. The second stage presented concrete examples of humanitarian intervention decisions, and the third sought to identify the reasons for differences in decisions made despite similar incidents. The findings suggest that if the legal legitimacy criteria and justifications necessitating humanitarian intervention exist, the events are not the state's problem but rather a threat to world peace. Furthermore, the current collective security system, particularly the Security Council structure and decision-making mechanism, is inadequate to meet today's needs, in line with the UN's ideal of a peaceful world, and the high likelihood of deadlock is high. Therefore,necessary measures and legal regulations must be taken to address this.

Publication Details

Published
2024-10-24
DOI
https://doi.org/10.55843/isc2024conf266h
Citations
1
Primary Topic
International Relations in Latin America
Type
article
Field-Weighted Citation Impact
2.23
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article

THE IMPORTANCE OF HUMANITARIAN MILITARY INTERVENTION FOR WORLD PEACE: ITS PLACE AND LIMITS IN THE UNITED NATIONS CHARTER

1 citations
International Relations in Latin America
2.23
article

THE IMPORTANCE OF HUMANITARIAN MILITARY INTERVENTION FOR WORLD PEACE: ITS PLACE AND LIMITS IN THE UNITED NATIONS CHARTER

article en
1 citations

Abstract

The issue of humanitarian intervention, or humanitarian military intervention, has been among the most controversial and important issues in international law for years. The prohibition of the use of force and the principle of state sovereignty, on the one hand, and the necessity of intervention to protect human rights in situations where states commit serious and systematic human rights violations within their own territory, on the other, have led to the search for solutions consistent with international law. However, this same legal legitimacy has revealed that different practices are observed in similar cases. The main objective of this qualitative study is to examine the fundamental conditions for humanitarian intervention, particularly within the United Nations (UN) system, to establish its legal legitimacy (decision-making institutions and criteria), and to determine the conditions under which decisions regarding the implementation of such interventions are made through comparative country examples. Data were analyzed through an indepth literature review, the collection of international documents, and the self-determination theory. The analyses revealed that the criteria for the UN and the Security Council about intervention, the body responsible for establishing security, to engage in humanitarian intervention. The second stage presented concrete examples of humanitarian intervention decisions, and the third sought to identify the reasons for differences in decisions made despite similar incidents. The findings suggest that if the legal legitimacy criteria and justifications necessitating humanitarian intervention exist, the events are not the state's problem but rather a threat to world peace. Furthermore, the current collective security system, particularly the Security Council structure and decision-making mechanism, is inadequate to meet today's needs, in line with the UN's ideal of a peaceful world, and the high likelihood of deadlock is high. Therefore,necessary measures and legal regulations must be taken to address this.

Peace, Justice and strong institutions
Openalex Percentile: Top 7%
International Relations in Latin America
2.23
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