Humanitarian Intervention: Moral and Philosophical IssuesAleksandar Jokic 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.) |
Contents
| 7 | |
| 9 | |
| 17 | |
Some Doubts | 35 |
Between Justified Aid and Illegal Violence | 45 |
4 Michael Philips Humanitarian Intervention and Moral Theory | 71 |
5 Thomas Pogge Preempting Humanitarian Interventions | 93 |
6 Alfred P Rubin Humanitarian Intervention and International Law | 109 |
The Morality of Illegal International Legal Reform | 123 |
Contributors | 159 |
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achieve act utilitarian action acts of reform affairs Allen Buchanan Argentina argue Article Babic behavior believe Charter committed concerned conflict consent super-norm consequentialist constitute course customary norm David Luban defense democratic domestic duty of non-intervention effect enforcement Ethics example existing fact force foreign policy genocide global goal guidelines Helsinki Accords humanitarian intervention ideal Idi Amin ILECS illegal acts directed illegal reform important impose institutional order institutional understanding instrumentalist interests international law international legal system intervention in Kosovo issue John Rawls Kofi Annan Kosovo legal order legitimacy legitimate matter means metaphysical conception metaphysical moralist moral authority moral improvement moral principles Moral Standing moral worth morally justifiable murder opinio juris oppressive peace persons philosophers political presumption prohibition promote question Rawls regime requirement respect Rubin rule of law self-defense self-determination simply sovereignty theory things tion treaties Uganda UN Charter understanding of human University Press Walzer