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Just War or Just Peace?

Simon Chesterman
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      The question of the legality of humanitarian intervention is a simple one. The Charter of the United Nations clearly prohibits the use of force, with the only exceptions being self-defence and enforcement actions authorized by the Security Council. There are, however, long-standing arguments that a right of unilateral intervention pre-existed the Charter. This book begins with an examination of the genealogy of that right, and arguments that it might have survived the passage of the Charter, either through a loophole in Article 2(4) or as part of customary international law. It has also been argued that certain "illegitimate" regimes lose the attributes of sovereignty and thereby the protection given by the prohibition of the use of force. None of these arguments is found to have merit, either in principle or in the practice of states. A common justification for a right of unilateral humanitarian intervention concerns the failure of the collective security mechanism created after the World War II.
      Format: CONTRIBUTORS: Simon Chesterman EAN: 9780199243372 COUNTRY: United Kingdom PAGES: WEIGHT: 616 g HEIGHT: 242 cm
      PUBLISHED BY: Oxford University Press DATE PUBLISHED: 2001-01-25 CITY: GENRE: LAW / International, POLITICAL SCIENCE / International Relations / General, POLITICAL SCIENCE / Human Rights WIDTH: 163 cm SPINE:

      Book Themes:

      International institutions, Warfare and defence, Public international law: treaties and other sources, Public international law: human rights, Public international law: humanitarian law, International law: international disputes and civil procedure

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      Simon Chesterman is a Senior Associate at the International Peace Academy in New York
      The question of the legality of humanitarian intervention is a simple one. The Charter of the United Nations clearly prohibits the use of force, with the only exceptions being self-defence and enforcement actions authorized by the Security Council. There are, however, long-standing arguments that a right of unilateral intervention pre-existed the Charter. This book begins with an examination of the genealogy of that right, and arguments that it might have survived the passage of the Charter, either through a loophole in Article 2(4) or as part of customary international law. It has also been argued that certain "illegitimate" regimes lose the attributes of sovereignty and thereby the protection given by the prohibition of the use of force. None of these arguments is found to have merit, either in principle or in the practice of states. A common justification for a right of unilateral humanitarian intervention concerns the failure of the collective security mechanism created after the World War II.
      Format: CONTRIBUTORS: Simon Chesterman EAN: 9780199243372 COUNTRY: United Kingdom PAGES: WEIGHT: 616 g HEIGHT: 242 cm
      PUBLISHED BY: Oxford University Press DATE PUBLISHED: 2001-01-25 CITY: GENRE: LAW / International, POLITICAL SCIENCE / International Relations / General, POLITICAL SCIENCE / Human Rights WIDTH: 163 cm SPINE:

      Book Themes:

      International institutions, Warfare and defence, Public international law: treaties and other sources, Public international law: human rights, Public international law: humanitarian law, International law: international disputes and civil procedure

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      Be the first to write a review
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      Simon Chesterman is a Senior Associate at the International Peace Academy in New York

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