The Legality of Humanitarian Intervention: Who Should Intervene?

Abstract

States have always been against the principle of humanitarian intervention as it threatens the territorial integrity and national sovereignty of states by forcefully invading a state's borders and interfering with its political sovereignty as well as a state's right to self government. This study explores who is better placed to carryout humanitarian intervention by analysing the current agents of intervention that possess the qualities requiring them to intervene in a situation engulfed in humanitarian crisis. This thesis forms a conceptual analysis of legitimacy in regard to intervention and its legality in the perspective of international law. This study assesses the concept of legitimacy by considering the historical perspective and the modem environment of humanitarian intervention, and also recommends possible reforms to enhance the activity of humanitarian intervention and render it more effective. This thesis has relied upon the legal positivist perspective in the interpretation of international law so as to clearly bring forth the conceptual distinction between what international law entails and what the concept of morality demands in relation to intervention. The thesis applies in its framework the theory of consequentialism as well as utilitarianism. demonstrating that humanitarian intervention maybe consequentially obligatory as wel l as the process of evaluating the consequences that arise from the activity of intervention. This thesis commences with the background of the research study, followed by the problem statement, research questions and objectives of the study as well as the significance of the study. This thesis considers the literature published by scholars with regards to humanitarian intervention and international law and uses the secondary method of gathering and analysing data. This thesis defines what humanitarian intervention is, taking into consideration issues of the relationship of sovereignty to non intervention, cases which justify the carrying out of intervention as well as the motives and intentions influencing intervening agents to carry out intervention. The thesis uses State case studies of Rwanda, Somalia, Iraq, and Syria to highlight certain salient points.