Rethinking Humanitarian Intervention After Kosovo: Legal Reality and Political Pragmatism [open pdf - 107KB]
"This article argues for acceptance of a legal structure capable of addressing widespread international human rights violations and genocide, when a potential veto of a permanent member of the United Nations (U.N.) threatens to frustrate U.N. Security Council Chapter VII authorization. This article focuses on the specific context of Kosovo where the right of individual or collective self-defense under Article 51 of the U.N. Charter by possible contributor nations did not exist. While some international legal scholars have argued that humanitarian intervention in such circumstances should be limited under international law to redressing abuses to one's own nationals or those of an ally on foreign territory, recent history in Kosovo dictates that a more flexible regime is required. When a force carefully defines the parameters of their intervention-as in Kosovo- and the force limits its intervention to redressing widespread human rights abuses, the intervention supports the principles of the U.N. Charter addressing human dignity. Furthermore, an action done in this manner does not significantly abridge the territorial integrity and political independence of the target state."
Judge Advocate General's Corps (JAGCNet): www.jagcnet.army.mil
The Army Lawyer (August 2004), p.36-46