Humanitarian Action in a Dangerous Age
Humanitarian action in the present dangerous age necessitates "Humanitarian Intervention" and "Pre-emptive action."
Human rights violations have taken place from the medieval times to the present day, throughout the world. Recently, serious and widespread human rights violations and humanitarian catastrophes have rocked the world and prompted new international responses. Cambodia, Uganda, Somalia, Rwanda, Serbia, Bosnia' Cuba and other Latin American countries, South Africa's apartheid regime, East Timor, Congo and most recently Iraq - the list is never ending - have challenged the international communities to deal with these situations. The magnitude, duration, and pace of recent emergencies, as well as how to respond to them, present serious challenges to governments and the larger international community. Actions to address such humanitarian catastrophes are urgently needed. The way a government treats its citizens is no longer exclusively an internal affair. Massive human rights violations, genocide, and repression of populations are considered sufficient to justify some form of intervention by the international community.
Analysis
Humanitarian Intervention - Doctrine of Pre-emption
The definition of "Humanitarian Intervention" takes many forms. Some recent international relations literature defines humanitarian intervention as a range of actions including humanitarian assistance and forcible military intervention (Ramsbotham and Woodhouse 1996, pp. xii-xiii). These scholars argue that the term "humanitarian intervention" has a wide variety of meanings and contexts and that military intervention is only one option in the humanitarian intervention repertoire. Taking an international law approach to defining this, Sean Murphy defines humanitarian intervention as the "threat or use of force by a state, group of states, or international organization primarily for the purpose of protecting the nationals of the target state from widespread deprivations of internationally recognized human rights." [Murphy Sean 1996, pp.11-12]
Humanitarian Intervention takes two forms - Authorized intervention and unilateral or unauthorized humanitarian intervention. Military action taken with the authorization of the Security Council of the United Nations to prevent gross and widespread violations of human rights is referred to as Authorized collective intervention. Unilateral intervention involves the threat or military action taken by a state without the authorization of the Security Council.
What are the origins of humanitarian intervention and how this concept has come into being? Historically, international law has been based upon the premise that what countries did to their own citizens, inside their own borders, was no one else's business. On the face of it, this may sound all right but this may not be a good thing all the time. Although the U.N. Charter is based upon the sovereign equality of member states and noninterference in each others' affairs, members themselves thought there were some limits. This was seen in the U.N. resolutions against South African Apartheid back in the '40s and in the Universal Declaration of Human Rights. This created at least moral obligations upon every member of the United Nations to respect human rights.
There is a perception among the world powers that the post-cold war environment is more conducive to successful interventions. Humanitarian intervention, particularly after NATO action in Kosovo, has become a new justification for military action. Political leaders and commentators are now regularly affirming this concept. The justifications for military action and intervention are nothing new, but have assumed a greater importance with the recent happenings in the world in the last decade or so. Most states have now agreed to obligations on the protection of human rights.
The major argument in the humanitarian intervention debate is the conflict between ensuring respect for fundamental human rights and the primacy of the norms of sovereignty, non-intervention, and self-determination, which are considered essential factors in the maintenance of peace and international security [Danish Institute of International Affairs 1999, pp. 14-15] It has been suggested that human rights can no longer be considered a purely domestic concern and the concept of sovereignty cannot be used by governments to shield themselves from responsibility for gross violations of these rights, or from shirking their obligations with respect to the protection and treatment of civilians in situations of intra-state conflict.
Rwanda is an apt case. Three years ago, U.N. Secretary General Kofi Annan asked, "If humanitarian intervention is, indeed, an unacceptable assault on sovereignty, how should we respond to a Rwanda, -- to gross and systematic violations of human rights that affect every precept of our common humanity?" It was a good question. International Commission...
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