Evaluation of the international law regarding humanitarian intervention in human rights abuses not breaching international peace and security

[摘要] ENGLISH ABSTRACT:This study exammes, m stages of development, the existing law regardinghumanitarian intervention, problems in respect of this law and cases of intervention.More specifically, intervention in human rights abuses not breaching internationalpeace and security but rather posing a so-called threat to peace is examined. Thisinformation is used to consider whether more adequate provision can be maderegarding circumstances of intervention to stop situations of grave human rightsabuses sooner. From the law regarding humanitarian intervention, it is evident thatthe institution of intervention is illegal under the present UN legal system. Yet, in atime when the human rights culture has become so important that it forms part ofthe basis of international law, effective intervention is not being authorised by theSecurity Council. As a result, other actors have been intervening in cases of gravehuman rights abuses. These interventions need to be appropriate and well managed.Since the protection of human rights is as valid in non-democracies, as in anydemocratic state form, the study finds that human rights will benefit fromdependence on legitimate authority. Attributing more importance to the Uniting forPeace Resolution could expand the role of the General Assembly. Humanitarianintervention also needs to be coupled with a commitment to address the causes ofhuman rights abuses through conflict resolution and social reconstruction. Thestudy concludes with some criteria/guidelines for the establishment of thelegitimacy of intervention.

[发布机构] Stellenbosch University