The Legality of Humanitarian Intervention and the Responsibility to Protect under the un Charter : Use of Force, Mass Atrocities, and Collective Security.

Format:

Book

Author/Creator:

Seneviratne, Wasantha.

Series:

International Humanitarian Law Series

International Humanitarian Law Series ; v.78

Language:

English

Subjects (All):

Humanitarian intervention.

Responsibility to protect (International law).

Physical Description:

1 online resource (394 pages)

Edition:

1st ed.

Place of Publication:

Boston : BRILL, 2026.

Summary:

A comprehensive legal analysis of humanitarian intervention and the Responsibility to Protect, examining UN Charter constraints, Security Council paralysis, and lawful alternatives for responding to mass atrocities, while offering a structured framework to reconcile state sovereignty with international protection obligations within the collective security system.

Contents:

Intro

Half Title Page

Series Page

Title Page

Copyright

Contents

Preface

Acknowledgements

Abbreviations

Chapter 1 Framing the Debate: Problematising Humanitarian Intervention under the UN Charter

1 The Humanitarian Paradox in the Use of Force

2 Setting the Context: From Non-intervention to Protection-Based Intervention

3 Unfolding the Debate: Reconciling Humanity and Sovereignty

4 Core Argument of the Book

5 Lines of Inquiry

6 Aim of the Book

7 Scope and Focus of the Book

8 Methodological Approach

9 Scholarly Contribution and Relevance of the Book

10 Scholarly Context and Rationale

11 Scope and Delimitations of the Book

12 Structure of the Book

12.1 Chapter 1

12.2 Chapter 2

12.3 Chapter 3

12.4 Chapter 4

12.5 Chapter 5

12.6 Chapter 6

12.7 Chapter 7

13 Conclusion

Chapter 2 Founding the Framework: Theoretical Underpinnings Governing Humanitarian Interventions

1 Introduction

2 Tracing the Roots: Exploration of the Historical and Contextual Foundations of Humanitarian Interventions

2.1 Evolution of Humanitarian Intervention Discourse from Cold War Period to Post-Cold War Period

3 Examining the Key Definitions of Humanitarian Interventions

3.1 Defining the Generic Term of 'International Interventions'

3.2 Defining the Genealogy of 'Humanitarian Intervention'

3.3 Evolving Nature of Humanitarian Interventions: Definitions Given by the International Commission of Intervention andState Sovereignty of 2001

4 Contested Legacies: Historical Perceptions of Humanitarian Interventions

4.1 Classical Views on International Interventions

4.2 International Regulations on Interventions during the League of Nations

5 Shift of Paradigm: From 'Non-intervention' to 'Humanitarian Intervention'.

6 Emergence of Humanitarian Interventions in the Post-Cold War World

6.1 International Interventions based on Humanitarian Reasons

6.2 Issues Related to Unilateral Humanitarian Interventions

7 Scholarly Opinions on Humanitarian Interventions

8 Conclusion

Chapter 3 Prohibition against the Use of Force: Assessing Humanitarian Interventions under the United Nations Charter

2 Birth of the United Nations and the Changed Parameters of the Legality of International Interventions

3 Provisions of the United Nations Charter Relating to Humanitarian Interventions

3.1 Interpreting Article 2 of the UN Charter

3.2 Article 2(4) of the United Nations Charter

4 Appraising the Drafting History of Article 2(4)

4.1 Analysing Article 2(4)

4.1.1 The Term 'Force'

4.1.2 The Phrase 'against the Territorial Integrity or Political Independence of any State'

4.1.3 The Phrase 'In Any Other Manner Inconsistent with the Purposes of the United Nations'

4.2 Article 2(4) as of jus cogens Character

5 Article 2(7) of the United Nations Charter

5.1 Matters which Are Essentially within the Domestic Jurisdiction of Any State

6 Authorised 'Exceptions' to the General Rule of Non-intervention

6.1 Chapter VII of the UN Charter: Action with Respect to Threats to the Peace, Breaches of the Peace, and Acts of Aggression

6.2 Article 51 of the UN Charter

7 Resolutions and Declarations Governing International Interventions in the Post-UN Charter Period

7.1 UN General Assembly Resolutions and Declarations

7.2 Uniting for Peace Resolution of 1950 (U4P)

7.3 UN Declaration on the Inadmissibility of Intervention in the Domestic Affairs of States and the Protection of Their Independence and Sovereignty of 1965.

7.4 UN Declaration on Principles of International Law Concerning Friendly Relations and Co-operation among States in Accordance with the Charter of the United Nations of 1970

7.5 UN Declaration on the Strengthening of International Security of 1970

7.6 UN Declaration on the Inadmissibility of Intervention and Interference in the Internal Affairs of States of 1981

7.7 UN Review of the Implementation of the Declaration on Strengthening of International Security of 1993

8 Humanitarian Interventions and Case Law Jurisprudence in the Post-UN Charter World Related to the Use of Force

8.1 Military and Paramilitary Activities in and against Nicaragua Case (Nicaragua v United States of America), 1986

8.2 Corfu Channel Case (United Kingdom v. Albania), 1949

8.3 Cases Concerning Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Serbia and Montenegro v. Belgium, Canada, France, Italy, Portugal, Spain, the United Kingdom, the Netherlands, the United Nations), 2004

8.4 Case Concerning Armed Activities on the Territory of the Congo (Democratic Republic of the Congo v Uganda), 2005

8.5 Oil Platforms Case (Islamic Republic of Iran v United States of America), 2003

8.6 Allegations of Genocide under the Convention on the Prevention and Punishment of the Crime of Aggression (Ukraine v Russian Federation) Request for the Indication of Provisional Measures, 2022 and Judgment on Preliminary Objections, 2024

9 Conclusion

8.7 Application of the Convention on the Prevention and Punishment of the Crime of Genocide in the Gaza Strip (South Africa v Israel) Request for the Indication of Provisional Measures, 2024

Chapter 4 Crossing the Grey Area: The Evolving Landscape of Customary Laws and State Practices in the Post-Cold War Period

1 Introduction.

2 The Place of Customary Law in Contemporary International Law

2.1 Custom as a Source of Law

2.2 Arguments Based on the Provisions of the Vienna Convention on the Law of Treaties of 1969 and the UN Charter

3 From Kosovo to a New Norm? Examining the Potential Role of Customary International Law in Determining the Legality of Humanitarian Intervention

3.1 Brief Overview of the Kosovo Intervention

3.2 The Legality and Legitimacy of Pretextual Humanitarian Intervention in Kosovo

3.2.1 UN Security Council Resolution 1160 (1998)

3.2.2 UN Security Council Resolution 1199 (1998)

3.2.3 UN Security Council Resolution 1203 (1998)

3.2.4 UN Security Council Resolution 1239 (1999)

3.2.5 UN Security Council Resolution 1244 (1999)

4 Examining NATO's Claim of Legality in Kosovo and Its Norm Creating Character as a Precedent for the Future

4.1 Analysis of the Kosovo Case in the Context of Emergence of a Prospective Customary International Law Rule

4.2 Should NATO's Action in Kosovo Be Considered a 'Forward, Backward, or an Exceptional' Situation?

5 ECOWAS Interventions in the Post-Cold War World

5.1 ECOWAS Intervention in Liberia

5.1.1 UN Security Council Resolution 788 of 1992 on Liberia

5.1.2 UN Security Council Resolution 813 of 1993 of Liberia

5.2 ECOWAS Intervention in Sierra Leone

5.2.1 UN Security Council Resolution 1132 of 1997

5.2.2 Assessing the Effectiveness of ECOWAS Intervention in West Africa

6 Need for Effective International Responses to Humanitarian Catastrophes

6.1 The United Nations and the Somalia Crisis

6.2 The United Nations and the Rwandan Crisis

6.3 Need for Effective Responses and Future Directions

7 Conclusion

Chapter 5 From Humanitarian Intervention to Responsibility to Protect: Examining the Effectiveness of Doctrinal Responses

1.1 Observing Doctrinal Responses

2 'Responsibility to Protect' Doctrine: A Brief Overview

2.1 ICISS-R2P Criteria for Intervention

2.2 'Right Authority' under Responsibility to Protect

3 International Responses towards the New Initiative

3.1 'A More Secure World: Our Shared Responsibility': Report of the UN Secretary-General's High-Level Panel on Threats, Challenges and Change of 2004

3.2 'In Larger Freedom - Toward Development, Security and Human Rights for All': The Report of the UN Secretary-General of 2005

3.3 World Summit Outcome Document of 2005 and the UN Secretary-General's Three Pillar Approach of 2009

4 From Consensus to Action: Implementing the Responsibility to Protect in the Post-World Summit World

4.1 UN Secretary-General's Reports and the Resolutions Adopted by the UN General Assembly on the 'Responsibility to Protect'

4.2 Security Council and R2P

4.3 Appointment of a Special Advisor on R2P

4.4 Other UN-Level References and Responses on Responsibility to Protect

5 Evolution of the 'Responsibility to Protect' from Theory to Practice: Ensuing Challenges and Opportunities for the Future

5.1 Challenges of Implementing R2P and Critiques on Its Legal Character

5.2 Criticism on Selective Application of R2P: Reflections on UN Security Council's Action on Libya and Inaction on Syria

5.3 R2P Application on Libya

5.4 R2P in the Syrian Crisis

5.4.1 References to 'R2P' in the UN Security Council Resolutions on Syria

5.4.2 Actions of the UN General Assembly in the Face of the Inaction of the Security Council on Syria

6 Conclusion

Chapter 6 Prudence of Opening the Pandora's Box: Proposals to Address Humanitarian Imperatives in the Post-Cold War World

2 Unleashing 'Hope' from Pandora's Box: Finding Solutions within the Framework of the UN Charter.

2.1 Finding the 'Achilles' Heel': Power Dynamics in the UN Collective Security System.

Notes:

Description based on publisher supplied metadata and other sources.

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Other Format:

Print version: Seneviratne, Wasantha The Legality of Humanitarian Intervention and the Responsibility to Protect under the un Charter

ISBN:

9789004756281

OCLC:

1595733845