THE LEGALITY OF HUMANITARIAN INTERVENTION: THE CASES OF KOSOVO AND LIBYA

Mehmet E. Erendor

Abstract


Humanitarian intervention is the one of the most critical concepts with respect to legality and legitimacy. Although, there is no common definitions, theorists or international community defines it as violations of human rights. The main aim of this study is to argue that the international community has the responsibility to intervene to prevent a humanitarian crisis. This research also attempts to clarify the legality and legitimacy of humanitarian interventions which are limited to cases of threats to international peace, security and where there exists prior authorization by the UNSC. The article argues that humanitarian interventions should only be established under the authorization of the UNSC; and that when violation of human rights is interpreted as a threat to international peace and security, if an intervention has been authorized by the SC, it is legal.

Keywords


Humanitarian intervention, United Nations, NATO, Kosovo, Libya, the use of force, legal positivism

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