The Norms and Facts Surroundes Humanitarian Intervention Application to the International Community - Term Paper Example

Humanitarian Intervention: A report identifying the norms and facts that surround its application to the International Community, A report to Rights beyond Borders Name: Professor: Course Code: Aim: This is a report that aims at identify the various norms that surround the concept of humanitarian intervention. This report aims at defining the concept of humanitarian intervention, and it gives an analysis of the various norms and issues that surround it. The reason of writing this report is to provide guidance to Rights Beyond Borders on issues that they should consider while formulating their policies regarding humanitarian interventions. Introduction: International Humanitarian Interventions is a global foreign policy, aimed at protecting the most vulnerable within the community. This is a policy pursued by the United Nations, in conjunction with major world powers, such as United States, United Kingdom, and France. This policy gained prominence after the Rwandan genocide of 1994 (Alkopher, 2013, p. 17). During this genocide, more than 500,000 people were killed in a span of three months, without the international community doing anything to stop this killing spree. To protect humanity against dictatorial regimes, and natural disasters, there is a need of engaging in humanitarian interventions. Humanitarian intervention refers to the use of military force, against another state, for purposes of protecting the rights and dignity of the citizens of the state under consideration (Roberts, 1999, p. 36). However, this definition is narrow, because it is possible to use non-military force, when carrying out humanitarian interventions. The following are the three general consensuses that surround the concept of humanitarian intervention (Alkopher, 2013, p. 22), It involves the use of the military force as its main instrument. It involves the interference of the internal activities of a state, which has not engaged in an aggression against another state. This interaction is motivated by the need of promoting humanitarian affairs. This report identifies the various debates and norms that surround the concept of humanitarian interventions. It provides an analysis of these norms, and it explains the different perspectives concerning this notion of humanitarian intervention, and justice (Meggle, 2004, p. 16). Furthermore, this report contains a summary on the major issues, concerning humanitarian intervention that the agency should concentrate in. It is important to explain that this concept of humanitarian intervention is not supported by all states (Meggle, 2004). This is because countries such as China and Russia, who hold veto powers within the UN Security Council, are opposed to its use. They view it, as interference with the domestic activities of a state, and this is against the UN charter. This report will therefore highlight the issues for the organization to consider while developing its policies, regarding humanitarian interventions. Methods: In gathering information for this paper, the writer had to use a variety of sources. One source of information is the internet. The internet is a rich source of information, and this is mainly because it contains of millions of websites that talk about foreign policies, international relations, humanitarian interventions, etc. However, it is important to understand that there is various information which are obtained from the internet which can be irrelevant, or inaccurate. This is because some of these information are only opinions, or written by people who have not researched well (Alkopher, 2013, p. 22). To overcome this weakness, the researcher had to rely on websites created and managed by learning institutions, non-governmental organizations, such as United Nations, and government agencies. The reason for accessing the websites of these organizations is because they provide accurate information concerning the issues that affect the international community. The researcher will also rely on books and journals, for purposes of gathering information. Books are an important method of gathering data, and this is mainly because they contain information that is well researched, and referenced. This makes it possible to rely on the information provided. Furthermore, the books that the researcher seeks to use must be written by well known scholars of international relations and politics (Chang, 2011). This is because the people have the knowledge of coming up with an accurate record of events, activities and issues that have to do with humanitarian intervention. Journals are also an important source of information. These are well researched articles and peer reviewed. On this basis, the information contained in them is accurate and reliable. Analysis and Findings: Intervention in the internal affairs of another state on humanitarian reasons has been an issue of discussion in international law, ever since the beginning of 19th century. It is important to understand that humanitarian interventions are not a new phenomenon (Bell, (n.d.). Furthermore, military interventions in a given state, is always justified based on humanitarian interventions (Alkopher, 2013). This is for purposes of giving it a moral justification, as opposed to a political justification. For example, Benito Mussolini deployed troop in Italy and Eritrea. The justification he gave, is that he wanted to secure the Wal-Wal border, for purposes of abolishing slave trade (Meggle, 2004). On the other hand, Adolf Hitler sent his army to occupy Sudetenland, suggesting that he had an intention of quelling the ethnic tensions that was happening in Czechoslovakia (Bell, n.d). Through these examples, we can denote that the issue of military intervention in a given state is not new. Furthermore, states were intervening in the affairs of other states, by citing the humanitarian intervention (Chang, 2011). This is because it is viewed as a moral concept. However, it is important to denote that Italy was stationing its troops in Somalia and Eritrea, because Benito Mussolini wanted to acquire and colonize those territories. Hitler wanted to control the world, and crushing ethnic tensions in Czechoslovakia was just an excuse (Bell, n.d, 300). By analyzing these two examples, it is possible to denote that humanitarian interventions involve two important elements. The first element is that it is a moral issue. This means that the aim of a humanitarian intervention is to promote peace, and protect the rights of the citizens of a given state (Alkopher, 2013, p. 39). This is protection against the government that is abusive. An example where humanitarian intervention was successfully carried out, based on moral grounds was in Libya. This was to prevent President Gaddafi from killing innocent civilians who were protesting against his rule. NATO was responsible for carrying out these attacks, and it was successful in removing President Gaddafi from power. This intervention, made Libya to become a failed state, approximately three years after the fall of Gaddafi. Currently, Libya does not have a stable government, with various factions in the military and Islamic groups competing for power in the state (Alkopher, 2013, p. 30). For example in Benghazi, a group led by Ibrahim Jathran has seized control of three major ports, and they want autonomy of the region (Bell, nd, 299). There are also very powerful militias on the western sides of the capital. One is stationed on the mountains of Zintan, and another one is found in the port city of Misrata. These militias are able to create havoc in Libya, making it difficult to govern the country (Alkopher, 2013). Based on these findings, it is important to explain that humanitarian intervention, if handled poorly, can lead to political and economic instability of the country that experienced the intervention. This therefore places humanitarian intervention on the basis of morality into question (Czajka,(nd), 389). Apart from morality, another important factor to consider when analyzing humanitarian intervention is the use of the military to attack a given state (Chang, 2011). Military force is a very important element of humanitarian intervention. However, the major area of concern is if it is morally right to use the military to interfere with the internal affairs of a given state (Bell, p. 302). There is a legal controversy on whether it is legally right under international law, to interfere with the domestic activities of a given country. Chapter VII of the UN Charter allows the UN Security Council to invade a particular country, on the basis of humanitarian intervention (Alkopher, 2013). However, this action must gain the support of all the veto powers of the UN Security council. Through this law, it is possible to denote that humanitarian intervention has a legitimate ground, based on international law (Meggle, 2004, p. 27). Critics explain that article 2 (7) of the UN Charter prevents any state from intervening in the domestic affairs of another given state. Furthermore, the 1648 treaty of West-Phalia prevents any given state from interfering in the domestic affairs of another given state (Chang, 2011). This is for purposes of promoting cohesion and peace amongst the states under consideration. Two conflicting positions emerge, on whether humanitarian intervention is legitimate or not (Bell, p. 301). This is because the treaty establishing the UN allows humanitarian intervention, based on moral grounds. The same treaty prevents states from intervening in the domestic affairs of another state (Alkopher, 2013). Despite the existence of treaties that prevent the international community from intervening in the domestic affairs of states, certain circumstances normally force the UN to use military force for purposes of intervening. This includes where there is mass murder or killings, genocide, mass displacement etc (Caney,p. 393). An example is the military intervention, against Gaddafi, which resulted to an overthrow of his regime. However, there are instances where the UN Security council has not approved the use of military force to intervene. A good example is NATO’s intervention in the region of Kosovo (Caney, n.d). These bombings occurred in the regions of Kosovo, during the Kosovo war, and it is the first time, that a regional military organization, NATO, used force against a republic that did not pose a threat to any of its alliance members (Mandelbaum, 1999, p. 41). There are four perceptions that give legitimacy to a humanitarian intervention that has not been approved by the UN Security Council. These perceptions are (Alkopher, 2013, p. 47), Status quo: This perception denotes that the use of military force is aimed at protecting or defending the vulnerable people. This is the traditional role of military action. Excusable breach: In as much as humanitarian intervention without the authority of the UN is illegitimate, this approach is excusable under certain circumstances. This involves the protection of human rights. Customary law: This involves analyzing various customary laws for purposes of finding legitimacy on the right to intervene, in cases where there is no authority from the UN. Codification: This involves the codification of doctrines that allows for intervention without the approval of the Security Council. This includes amending the UN Charter, or even passing a declaration through the UN General Assembly. Conclusion and Recommendations: Humanitarian intervention is a concept that aims at protecting the dignity of humanity within a given state. This is because it aims at using military force, against the approval of a domestic state (Bell, n.d). On most occasions, the UN Security council normally rejects approving the use of military force against other states. This is for purposes of interfering with their domestic affairs. Countries such as China and Russia are accused of using their veto powers to intervene in such circumstances. The major reason is because of the democratic and governance background of China and Russia. These states are accused of becoming undemocratic, and they normally violate the rights of their citizens (Bell, p. 312). This is the reason they normally use their veto powers to frustrate the resolution by the Security Council to intervene in such circumstances. Western countries such as France United Kingdom and United States normally vote in support of humanitarian intervention. This is because their countries are democracies, and they are always against any actions that would affect the dignity of mankind (Bell, p. 299). While formulating policies regarding humanitarian intervention, there is a need of examining the various values of countries that dominate international politics. These countries are, France United Kingdom, USA, Russia, and China. A policy that threatens the interests of these states would not find support. Bibliography: Alkopher, T. (2013). Fighting for Rights From Holy Wars to Humanitarian Military Interventions. Farnham: Ashgate Publishing. Bell, D. (n.d.). Humanitarian Intervention. Caney, S. (n.d.). Theory Bites Video. Top of Form Bottom of Form Chang, C. (2011). Ethical foreign policy? U.S. humanitarian interventions. Farnham, Surrey, England: Ashgate. Czajka, A. (n.d.). Theoretical Reflections, Cosmopolitanism, and Post Colonial Theory. Mandelbaum, M. (1999) ‘A perfect failure: NATO’s war against Yugoslavia’, Foreign Affairs, vol. 78, no. 5. Top of Form Bottom of Form Meggle, G. (2004). Ethics of humanitarian interventions. Frankfurt: Ontos Verlag ;. Roberts, A. (1999) ‘NATO’s “Humanitarian War” over Kosovo’, Survival, vol. 41, no. 3. From other sources Top of Form Bottom of Form Shaw, I. (2012). Human rights journalism: Advances in reporting distant humanitarian interventions. Houndmills, Basingstoke, Hampshire: Palgrave Macmillan. Read More