{"id":34984,"date":"2023-09-30T10:40:18","date_gmt":"2023-09-30T10:40:18","guid":{"rendered":"https:\/\/www.goodacademic.com\/blog\/questions\/the-proposition-that-humanitarian-intervention-is-an-infringement-of-state-sovereignty-ends-a-discussion-as-to-whether-it-should-be-permitted-discuss\/"},"modified":"2023-09-30T10:40:18","modified_gmt":"2023-09-30T10:40:18","slug":"the-proposition-that-humanitarian-intervention-is-an-infringement-of-state-sovereignty-ends-a-discussion-as-to-whether-it-should-be-permitted-discuss","status":"publish","type":"questions","link":"https:\/\/www.goodacademic.com\/blog\/questions\/the-proposition-that-humanitarian-intervention-is-an-infringement-of-state-sovereignty-ends-a-discussion-as-to-whether-it-should-be-permitted-discuss\/","title":{"rendered":"\u2018The proposition that humanitarian intervention is an infringement of State sovereignty ends a discussion as to whether it should be permitted.\u2019 Discuss."},"content":{"rendered":"

General
\nremarks <\/u><\/span><\/p>\n


<\/span><\/div>\n
This question is concerned with one aspect of the law relating to the
\nlegality of the international use of force. It focuses upon the unresolved
\ndilemma of humanitarian intervention. <\/span><\/div>\n

<\/span><\/div>\n
Law cases, reports and other references
\nthe examiners would expect you to use the appropriate reading, which is based
\naround Chapter VII of the Charter of the United Nations. <\/span><\/div>\n

<\/span><\/div>\n
Common errors <\/u><\/span><\/div>\n

<\/span><\/div>\n
Many
\nanswers failed to observe the implications of the question, namely that a
\nstrict reading of the UN Charter seems to leave no possibility of international
\nlawful intervention, save with the approval of the Security Council. <\/span><\/div>\n

<\/span><\/div>\n
A good
\nanswer to this question would\u2026<\/u><\/span><\/div>\n

<\/span><\/div>\n
or might, have been expected to begin with a
\ndiscussion as to when the use of force is permitted in international law, and
\nin particular alluding to the UN Charter, which purports to proscribe the use
\nof force except where it has been authorised under Chapter VII of the Charter
\nby the Security Council or where, under Article 51, the use of force is an
\nexercise in self-defence. It would have been appropriate to have observed that
\na significant number of states (and, in particular, China) see no reason for
\nany modification of this position. Many such states are apprehensive that
\nunless this remains the legal position, such justifications as \u2018humanitarian
\nintervention\u2019 will merely be a cover for other ulterior motives. (An example of
\nwhere this has been asserted concerns Venezuela but it is merely the latest of
\nmany.)Thus the position taken by such states is that of the proposition in the
\nquestion. <\/span><\/div>\n

<\/span><\/div>\n
Other states, however, have attempted to argue that, in situations
\nwhere egregious human rights abuses are occurring and the state in which this
\nis happening is unable or unwilling to ameliorate the abuses, then the
\ninternational community must have the power to act even in the absence of
\nSecurity Council authorisation.<\/span><\/div>\n

<\/span><\/div>\n
The dilemma could\/should be discussed by
\nreferring to examples such as Rwanda, Kosovo and Myanmar.<\/span><\/div>\n

<\/span><\/div>\n
It is probable that
\nmany candidates will think that this question requires an in-depth discussion
\nof the doctrine that purported to replace any doctrine of humanitarian
\nintervention, namely that of \u2018Responsibility to Protect\u2019. This is certainly
\nrelevant, although given that the use of force continues to require SC authorisation,
\nits significance may be less than asserted. <\/span><\/div>\n

<\/span><\/div>\n
Finally, a very good answer might
\nhave concluded by considering the views of those who argue that, while the
\ninternational law will not change, in cases of appalling human rights abuses,
\nconcerned states should intervene and then defend their actions in the UN,
\nhopefully avoiding condemnation. <\/span><\/div>\n

<\/span><\/div>\n
It would also have been relevant to observe
\nthat only a minority of states will ever be of sufficient power (and altruism)
\nto intervene in forceful and constructive ways. <\/span><\/div>\n

<\/span><\/div>\n
[Poor answers to this question\u2026
\nsimply provided a discussion limited either to the rules relating to the use of
\nforce in international law, or provided an extended (but not critical) outline
\nof the \u2018Responsibility to Protect\u2019.]<\/span><\/div>\n

<\/span><\/div>\n
 I hope this helps. <\/span><\/p>\n

<\/span><\/p>\n<\/div>\n


<\/span><\/div>\n
I expect a structed essay with a clear introduction and a subjective opinion about concept that should be carried out throughout the breadth of the answer.<\/span><\/div>\n","protected":false},"excerpt":{"rendered":"

General remarks  This question is concerned with one aspect of the law relating to the legality of the international use of force. It focuses upon the unresolved dilemma of humanitarian intervention.  Law cases, reports and other references the examiners would expect you to use the appropriate reading, which is based around Chapter VII of the […]<\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"open","ping_status":"closed","template":"","meta":[],"disciplines":[224],"paper_types":[],"tagged":[],"aioseo_notices":[],"_links":{"self":[{"href":"https:\/\/www.goodacademic.com\/blog\/wp-json\/wp\/v2\/questions\/34984"}],"collection":[{"href":"https:\/\/www.goodacademic.com\/blog\/wp-json\/wp\/v2\/questions"}],"about":[{"href":"https:\/\/www.goodacademic.com\/blog\/wp-json\/wp\/v2\/types\/questions"}],"author":[{"embeddable":true,"href":"https:\/\/www.goodacademic.com\/blog\/wp-json\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/www.goodacademic.com\/blog\/wp-json\/wp\/v2\/comments?post=34984"}],"version-history":[{"count":0,"href":"https:\/\/www.goodacademic.com\/blog\/wp-json\/wp\/v2\/questions\/34984\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.goodacademic.com\/blog\/wp-json\/wp\/v2\/media?parent=34984"}],"wp:term":[{"taxonomy":"disciplines","embeddable":true,"href":"https:\/\/www.goodacademic.com\/blog\/wp-json\/wp\/v2\/disciplines?post=34984"},{"taxonomy":"paper_types","embeddable":true,"href":"https:\/\/www.goodacademic.com\/blog\/wp-json\/wp\/v2\/paper_types?post=34984"},{"taxonomy":"tagged","embeddable":true,"href":"https:\/\/www.goodacademic.com\/blog\/wp-json\/wp\/v2\/tagged?post=34984"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}