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Thursday, August 29, 2019

The evolution of the Humanitarian Intervention doctrine with a focus Dissertation

The evolution of the Humanitarian Intervention doctrine with a focus on the most important developments of post 90's - Dissertation Example No, doubt the notion for HI has received some flash light in recent years but the inclination trend has been notifies only among western countries while G-77 which consists of 133 states and among them 122 states have rejected the doctrine of humanitarian intervention. Endorsing humanitarian intervention has been controversial only due to the lack of consensus and willingness about the legitimacy and legality of this doctrine which has contained HI doctrine. Regarding the practice of Humanitarian Intervention during 1990s in Iraq, Haiti, Rwanda Bosnia, Chechnya and Somalia showered the interests and willingness of Security Council to sanction Chapter VII of the UN Charter for enforcing operations in reaction to interior conflicts and human rights abuses but in purview of disorder to international peace and security and yet the authorization and legitimacy remained in function of the authorization from SC and use of force was called justified and legal. However, this harmony among per manent member states of the Security Council does not represent the voice of the global community. Although this harmonization among permanent member states was apparently dissipated during the crisis when China and Russia showed intentions for rejection of the resolution for humanitarian intervention which later was conducted by NATO without any authorization from the Council. This illustration of use of force against the norms of the International Law provoked another frenzied debate about whether this unilateral military action was symptomatic of the legality of humanitarian interventions which has not been authorized by the Security Council. Undeniably, the Kosovo intrusion was questionable which aggravated the present niggle with this regime because it was inimitable and it raised the problems of the legitimacy while some analysts asserted that this use of force against humanitarian violence was a new emerging norm and custom of International Law by which states practice use of force to eliminate human rights violations , on the other hand some scholars simply admitted the fact that this humanitarian intervention can gradually be accepted as legal and justified practice because considering the sufferings of Albanians it can be sanctioned as legitimate. 25 Humanitarian intervention in Kosovo soon became the renowned action of NATO against human rights violations, which then ended up with Independent International Commission on Kosovo (IICK) . No doubt that under the Article 51 and Article 52 of United Nations states that the ultimate legitimacy of any humanitarian intervention rests within the powers of Security Council. The purpose of this commission was to inquire the legitimacy of NATO’s intervention and analyse the implications of this intervention whether it can be declared legitimate or NATO’s actions require further punishment for its violation of UN Charter. Although the intervention was declared illegal but appropriate in accordance with International Law. However the Commission’s definition of legality turned seemingly narrow and irrespective of its illegalities, the commission focused exclusively on the moral and ethical aspects besides respecting the preferences of super power USA under whose

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