Human Rights And Humanitarian Intervention

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Human Rights and Humanitarian Norms, Strategic Framing, and Intervention : Lessons for the Responsibility to Protect

Political Science

Author - Melissa Labonte
Publisher - Routledge
Pages - 217
ISBN - 0415621607


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Detail - The human rights and humanitarian landscape of the modern era has been littered with acts that have shocked the moral conscience of mankind, and there has been wide variation in whether, how, and to what degree states respond to mass atrocity crimes, even when they share similar characteristics. In many cases concerned states responded, either through moral suasion; gentle or coercive diplomacy; or other non-forcible measures, to prevent or halt the indiscriminate human rights violations that were occurring. In others, states simply turned away and left the vulnerable to their fate. And still yet in other cases, states responded robustly, using military force to stop the atrocities and save lives. This book seeks to examine the effects of strategic framing in U.S. and UN policy arenas to draw conclusions regarding whether and how the human rights and humanitarian norms embedded within such frames resonated with decision-makers and, in turn, how they shaped variation in levels of political will concerning humanitarian intervention in three cases that today would qualify as Responsibility to Protect (R2P) cases: Somalia, Rwanda, and Sierra Leone. Labonte concludes that in order for humanitarian interventions to stand a higher likelihood of being effective, states advocating in support of such actions must find a way to persuade policymakers by appealing to both the logic of consequences (which rely on material and pragmatic considerations) and logic of appropriateness (which rely on normatively appropriate considerations) - and strategic framing may be one path to achieve this outcome. Offering a detailed and examination of three key cases and providing some an original and important contribution to the field this work will be of great interest to students and scholars alike.

Human Rights and Humanitarian Intervention : Law and Practice in the Field

Political Science

Author - Elizabeth M. Bruch
Publisher - Routledge
Pages - 192
ISBN - 1317274954


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Detail - Human rights, peacekeeping, and humanitarian intervention have emerged in the past decades as important components of international law and practice. Adopting a methodology of Institutional Ethnography informed by Actor-Network Theory, this book traces the practices of law and expertise from global IGO headquarters to the ‘field’ and back again, and through various contemporary field missions from Bosnia to Afghanistan and East Timor to Sierra Leone. It answers several fundamental questions: How is human rights law engaged in ‘establishing the peace,’ ‘rebuilding the nation,’ and ‘restoring the rule of law’ in post-conflict situations? How do human rights experts use law in their everyday work in the context of humanitarian intervention? How are law and expertise established, sustained and transformed in the field? Offering a complex and nuanced explanation of humanitarian intervention based upon a multi-dimensional understanding of law and power, this book will be of interest and use to scholars, students and practitioners in international law and policy, human rights, and humanitarian intervention. Its cross-disciplinary approach should also appeal to the professional communities engaged directly and indirectly with projects of humanitarian intervention – including staff at inter-governmental organizations, international lawyers and practitioners, and activists.

Reading Humanitarian Intervention : Human Rights and the Use of Force in International Law

Law

Author - Anne Orford
Publisher - Cambridge University Press
Pages -
ISBN - 9781139435710


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Detail - During the 1990s, humanitarian intervention seemed to promise a world in which democracy, self-determination and human rights would be privileged over national interests or imperial ambitions. Orford provides critical readings of the narratives that accompanied such interventions and shaped legal justifications for the use of force by the international community. Through a close reading of legal texts and institutional practice, she argues that a far more circumscribed, exploitative and conservative interpretation of the ends of intervention was adopted during this period. The book draws on a wide range of sources, including critical legal theory, feminist and postcolonial theory, psychoanalytic theory and critical geography, to develop ways of reading directed at thinking through the cultural and economic effects of militarized humanitarianism. The book concludes by asking what, if anything, has been lost in the move from the era of humanitarian intervention to an international relations dominated by wars on terror.

Humanitarian Intervention and the Responsibility to Protect : Security and Human Rights

Political Science

Author - Cristina Gabriela Badescu
Publisher - Routledge
Pages - 224
ISBN - 113685021X


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Detail - This book explores attempts to develop a more acceptable account of the principles and mechanisms associated with humanitarian intervention, which has become known as the ‘Responsibility to Protect’ (R2P). Cases of genocide and mass violence have raised endless debates about the theory and practice of humanitarian intervention to save innocent lives. Since the humanitarian tragedies in Rwanda, Burundi, Bosnia, Kosovo and elsewhere, states have begun advocating a right to undertake interventions to stop mass violations of human rights from occurring. Their central concern rests with whether the UN’s current regulations on the use of force meet the challenges of the post-Cold War world, and in particular the demands of addressing humanitarian emergencies. International actors tend to agree that killing civilians as a necessary part of state formation is no longer acceptable, nor is standing by idly in the face of massive violations of human rights. And yet, respect for the sovereign rights of states remains central among the ordering principles of the international community. How can populations affected by egregious human rights violations be protected? How can the legal constraints on the use of force and respect for state sovereignty be reconciled with the international community’s willingness and readiness to take action in such instances? And more importantly, how can protection be offered when the Security Council, which is responsible for authorizing the use of force when threats to international peace and security occur, is paralyzed? The author addresses these issues, arguing that R2P is the best framework available at present to move the humanitarian intervention debate forward. This book will be of interest to students of the responsibility to protect, war and conflict studies, human security, international organisations, security studies and IR in general.

Human Rights and Humanitarian Intervention : Legitimizing the Use of Force Since the 1970s

Author - Norbert Frei, Daniel Stahl, Annette Weinke
Publisher - Schriftenreihe Menschenrechte im 20. Jahrhundert
Pages - 224
ISBN - 9783835330085


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Detail -

Humanitarian Intervention : A History

History

Author - Brendan Simms, D. J. B. Trim
Publisher - Cambridge University Press
Pages -
ISBN - 1139497944


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Detail - The dilemma of how best to protect human rights is one of the most persistent problems facing the international community today. This unique and wide-ranging history of humanitarian intervention examines responses to oppression, persecution and mass atrocities from the emergence of the international state system and international law in the late sixteenth century, to the end of the twentieth century. Leading scholars show how opposition to tyranny and to religious persecution evolved from notions of the common interests of 'Christendom' to ultimately incorporate all people under the concept of 'human rights'. As well as examining specific episodes of intervention, the authors consider how these have been perceived and justified over time, and offer important new insights into ideas of national sovereignty, international relations and law, as well as political thought and the development of current theories of 'international community'.

The Evolution of the Doctrine and Practice of Humanitarian Intervention :

Political Science

Author - Francis Kofi Abiew
Publisher - Martinus Nijhoff Publishers
Pages - 325
ISBN - 9789041111609


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Detail - The topic of humanitarian intervention has become increasingly significant since the end of the Cold War. Despite a substantial body of literature on the subject in the past, recent developments justify a contemporary study of the subject. This book is not only timely, given the crises which have occasioned United Nations interventions over the past several years, but enduring, as international political structures undergo stress and reform, and as international law and international relations theorists grapple with the sovereignty/intervention problem. It defends the emergence of a right of humanitarian intervention and argues that state sovereignty is not incompatible with humanitarian intervention. After a thorough review of historical precedents, the book concludes by assessing contemporary developments in terms of sources of support for intervention on humanitarian grounds.

Humanitarian Intervention : Moral and Philosophical Issues

Philosophy

Author - Aleksandar Jokic
Publisher - Broadview Press
Pages - 160
ISBN - 9781551114897


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Detail - International law makes it explicit that states shall not intervene militarily or otherwise in the affairs of other states; it is a central principle of the charter of the United Nations. But international law also provides an exception; when a conflict within a state poses a threat to international peace, military intervention by the UN may be warranted. (Indeed, the UN Charter provides for an international police force, though nothing has ever come of this provision). The Charter and other UN documents also assert that human rights are to be protected—but in the past the responsibility for the protection of human rights has for the most part been allowed to rest on the government of the state where the violation of rights occurs. Not surprisingly in this context, the question of what protection (if any) should be provided by the UN or otherwise to individuals when their human rights are violated by their governments or with the complicity of their governments remains a contentious issue. Should the principle of respect for state sovereignty trump the principle of respect for human rights? Historically it has been allowed to do so, but recently it has been more and more widely argued that when states fail to respect the human rights of their citizens (or of others who reside within their boundaries), they may be held accountable for their actions. Is military humanitarian intervention justifiable? And if so, under what circumstances? Those are the questions addressed in this collection of essays. The focus of the volume is on the abstract principles involved; though reference is sometimes made to specific cases, the essays here consist primarily of philosophical reflection on the abstract issues. (A companion volume on the specific issues surrounding a particular case, Lessons of Kosovo, is being published simultaneously.)

Doing Good and Doing Well : An Examination of Humanitarian Intervention

Law

Author - Stephen A. Garrett
Publisher - Greenwood Publishing Group
Pages - 213
ISBN - 9780275965815


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Detail - Focuses on the moral duties that individual members of the international community have toward the welfare of others.

Hard Choices : Moral Dilemmas in Humanitarian Intervention

Political Science

Author - Jonathan Moore
Publisher - Rowman & Littlefield
Pages - 322
ISBN - 9780847690312


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Detail - Since Somalia, the international community has found itself changing its view of humanitarian intervention. More attention must be paid to the complexity of issues and moral dilemmas involved. This volume of original essays by international policy leaders, practitioners, and scholars brings together insights into the conflicting moral pressures present in different kinds of interventions ranging from Rwanda and Somalia to Haiti, Cambodia, and Bosnia. Together the authors make the case that moral reflection and content can improve the quality of decisionmaking and intervention in internal conflicts, especially those that involve sanctions, refugees, human rights, development, and arms. Published under the auspices of The International Committee of the Red Cross.

Humanitarian Intervention : Ethical, Legal and Political Dilemmas

Law

Author - J. L. Holzgrefe, Robert O. Keohane
Publisher - Cambridge University Press
Pages - 350
ISBN - 9780521529280


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Detail - An interdisciplinary approach to humanitarian intervention by experts in law, politics, and ethics.

Does international law recognise a right of humanitarian intervention in cases of overwhelming humanitarian necessity? :

Law

Author - Gabriel Vockel
Publisher - GRIN Verlag
Pages - 24
ISBN - 3638588904


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Detail - Seminar paper from the year 2005 in the subject Law - Comparative Legal Systems, Comparative Law, grade: Distinction, Coventry University (Coventry Business School), course: International Law in the Contemporary World Arena, 49 entries in the bibliography, language: English, abstract: The dilemma of what to do about citizens of another sovereign country who see themselves confronted with horrifying abuses by their own government has remained with us throughout the era post World War II. The recent events in the Sudanese region of Darfur, labelled not only civil war, but “ethnic cleansing” have, again, triggered discussions about the question of “humanitarian intervention”. We can quote various instances in recent history after 1945, where appalling violations of basic human rights, including the mass killing of civilians on a high scale happened within the sovereign territory of a country, for example in Cambodia in the period 1975-1979, in Ex-Yugoslavia in the early 1990s, in Rwanda in 1994, to name but these.3Time and again, alongside those tragic events, different voices have called for military actions driven by humanitarian considerations, seemingly subscribing to the catchphrase “humanitarian intervention [as opposed to] inhumanitarian non-intervention”. The military actions of NATO in Kosovo especially, having been branded the first “humanitarian war”, have attained a remarkable degree of attention in the academia, raising new and old questions about the legitimacy and viability of the model of humanitarian intervention. While there seems to be an unanimous agreement that there are in existence both moral and ethical raisons d’être as well as some agreement of how the modus operandi of a humanitarian intervention should look like10, there exists some substantial disagreement as to if at all and under which conditions such a venture is to be deemed legally permissible. In the face of an absence of a comprehensive legalistic framework under international law that would govern humanitarian interventions (the human rights framework is severely limited by the weaknesses of its enforcement mechanisms), the essence of the contemporary debate predominantly stems from a clash of imperatives between the principles of the protection of state sovereignty as laid down in Art. 2 (4) and (7) of the UN-Charter and the obligation of the protection of human rights (that might be achieved through a humanitarian intervention), in other words, a “conflict between justice and [legal] order”.