Legal Permissibility of Unilateral Humanitarian Interventions

AuthorPetra Perisic
PositionAssistant Professor, PhD, Faculty of Law University of Rijeka, Hahlic 6, Rijeka, Croatia
Pages38-49
ACTA UNIVERSITATIS
38
Abstract:
The paper explores th
The United Nations Charter pr
collective a ction authorized by
unilateral humanitari an interven
with the Charter and if s o, wheth
The issue has become e
ven mo
principle. Findings of legal sc
interprets the Charter provision
interventions with the Charter
customary law rule a llowing the
there is no evidence to suppor
authorization are permissible, a
creation of customary law allowi
Keywords: international law;
UN
1. Introduction
Unilateral humanitarian in
one or more states on the
human rights violations in
represents one of the most
primarily due to the fact
Council authorization.
2
1
Assistant Professor, P hD, Fac
+385.51.359.500;
2
Since the Securi ty Council is e
humanitarian interventions unde
from the scope of this pa
per are
the state in whic h the interve
international law, considered to b
IS DANUBIUS
Vol 9, no. 1
/2
Legal Permissibility of Unilateral
Humanitarian Interventions
Petra PERISIC
1
the status of unilateral humanitarian interventions in internationa
prohibits the use of force, except in case of self
-defense
an
y the Security Cou ncil. The question i
s whether the non-
existen
ention among these excepti ons means that they are not in confo
ether the right to such interventions exists as the part of customar
ore contro versial after the adoption of the “responsibility to pr
scholars on this issue differ significantly. This paper analyze
ons in order to answer the question of compatibilit
y of humani
er and examines the state practice in order to conclude wheth
the humanitarian intervention e xists. The conclusion of the paper
port the cont
entions that interventions without the Security C
, although there are elements which point to the possibility o
wing them.
UN Charter
; human rights
intervention denotes a military intervention undertake
the territory of another state in order to prevent ma
in the latter state. The legality of this type of inter
ven
ost controversial issues in contemporary international
act that they are undertaken without the prior Sec
Faculty of Law University of Rijeka, Hahlic 6, Rijeka, Croatia
1.359.593. Corresponding
author: pperisic@pravri.hr.
is empowered b y the UN Charter to authorize the use of military
dertaken after obtaining such an authorization are not disputable.
are excluded humanitarian interventions undertaken with the cons
rvention is taking p lace. Such inter ventions are, under cust
to be legal.
AUDJ, vol. 9, no. 1/2013, pp.
/20
13
onal law.
and the
tence of
nformity
ary law.
protect”
zes and
anitarian
ether the
er is that
Council
y of the
aken by
massive
vention
nal law,
ecurity
tia. Tel.:
ry force,
le. Also,
nsent of
ustomary
p.
38-49

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