Humanitarian intervention: an inquiry in to international law and practice

Abstract

ABSTRACT The subject of the thesis are the major philosophical and legal, as well as aspects of practical application of the concept of humanitarian intervention. Through historical and legal analysis the study tests a question whether there is a place for humanitarian intervention concept within contemporary international system. Crimes against humanity are nothing new. Despite a juridical presumption that human rights are exclusively within the domestic jurisdiction of a state. It has became understood, since the post-Cold War era, that prevention and prosecution, as well as, definition of human rights, are matters of international concern and international competence. However, the contemporary international law strictly stands against any erosion of the limits of the principles of non use of force and non-intervention and consequently rejects the existence of the considered concept. Moreover, what is lacking is, any measure of how extensive a crime has to Be before it passes from domestic to international jurisdiction. Another issue is what kind of procedures and mechanisms for taking action, diplomatic or judicial or military should be undertaken by the international community in order to stop human rights violation. The analysis leads to a conclusion that humanitarian intervention concepthas a right for existence, at least, for ad hoc application, but in every case should be put under a strict standards elaborated in theoretical literature and international practice.