Humanitarian intervention: The responsibility to protect (R2P)

Résumé du document

The protection of human rights is now considered as an important element of International Law. However, if there are frequent calls for "humanitarian interventions" (that is "coercive action against a state to protect people within its border from suffering grave harm" ) like in Darfur, and if the debate concerning this notion has a long history, the real emergence of modern humanitarian interventions is relatively recent. The concept has been criticized and challenged, it has evolved and several notions are almost synonymous: "right of intervention", "humanitarian intervention" and now "responsibility to protect". • The contrasted etymology of the notion of "humanitarian intervention"
The first use of the notion of "humanitarian intervention" can be found in the actions organized by the European "Holy Alliance" in 1815 against the Ottoman Empire, "in favor of presumably persecuted Christian populations."

Extraits

[...] Murphy, The United States and the Rule of Law in International Affairs, p Hans Köchler, Use of Force in the new international order: on problematic nature of the concept of ‘humanitarian intervention'”, in International Law and Interventionism in the World Order'. From Iraq to Yugoslavia, p.129. Antoine Rougier, théorie de l'intervention d'humanité”, in Revue générale de Droit International Public, p.525. Anne Orford, Reading Humanitarian Intervention Human Rights and the Use of Force in International Law, p.16. Thomas Franck, “Legality and Legitimacy in Humanitarian Intervention”, in Terry Nardin and Melissa S. [...]

[...] The response to the genocide of Tutsis was late and organized by France (Operation Turquoise in 1994), because the Security Council was unwilling to take its responsibilities. Secretary General Annan called Rwanda the clearest example of the terrible “consequences of inaction in the face of mass murder.”[14] Five years later, as China and Russia threatened to veto any resolutions under Chapter VII authorizing the use of force, a NATO-led coalition bombed Serbia to enforce former UNSC resolutions and stop the crimes committed against the Muslim Kosovars. [...]

[...] It provides guidelines for the use of armed force: there must be a “right interest”, the use of force must be a tool of “last resort”, the response must be “proportional” and there must be “reasonable prospects” of success. The reports stresses the need for UN Security Council approval, even if it recognizes its failures, it recommends to improve it (for instance, increase the reactivity and ask for a commitment of the P-5 to use their veto power only when their vital interests are affected). [...]

[...] Humanitarian Intervention: The Responsibility to Protect (R2P) The protection of human rights is now considered as an important element of International Law. However, if there are frequent calls for “humanitarian interventions” (that is “coercive action against a state to protect people within its border from suffering grave like in Darfur, and if the debate concerning this notion has a long history, the real emergence of modern humanitarian interventions is relatively recent. The concept has been criticized and challenged, it has evolved and several notions are almost synonymous: “right of intervention”, “humanitarian intervention” and now “responsibility to protect” The progressive recognition of a need to protect human rights The contrasted etymology of the notion of “humanitarian intervention” The first use of the notion of “humanitarian intervention” can be found in the actions organized by the European “Holy Alliance” in 1815 against the Ottoman Empire, favor of presumably persecuted Christian populations.”[2] This origin is of course controversial because of the spirit of medieval crusades and clash of civilizations. [...]

[...] Bederman, International Law Frameworks, p Christine Gray, International Law and the Use of Force, p. 26-27. United Nations General Assembly, GA Res (1970), Friendly Relations Declaration, and GA Res (1974), Definition of Aggression. Anne Orford, Reading Humanitarian Intervention Human Rights and the Use of Force in International Law, p UN Secretary General's High Level Panel, A more secured world: our shared responsibility. United Nations, UN Charter, art. 2(7). [...]