Humanitarian Intervention (Encyclopedia Entry)

Abstract

This short entry — written for an encyclopedia on human rights issues — offers a succinct overview of the debate about humanitarian intervention under international law. It outlines the applicable rules of the UN Charter and customary international law and summarises State practice in the field. Its argues that international law as it stands does not recognise a right of humanitarian intervention outside the UN; however, in individual instances, uses of force that ostensibly averted humanitarian catastrophes have been tolerated. Collective humanitarian interventions, undertaken with Security Council mandate, are no doubt permissible; but in times of strategic confrontation between the Council's permanent members, the prospect for them is slim. Looking ahead, one might envisage an increased role for the General Assembly: an intervention recommended by the General Assembly might stand a strong chance of being tolerated; and the same could be true for humanitarian interventions with a robust regional mandate. Yet so far, during decades of debate, concerns about abuse have proved to be the most powerful consideration.