Humanitarian intervention: morality and international law on intolerable violations of human rights

Abstract

Using the concept of ‘gross violations of human rights’ as a guiding principle for humanitarian intervention, this essay argues that a hierarchy of human rights is supported not only by moral reasoning, but by an overwhelming body of international law and jurisprudence. I first put forth a normative argument that suggests the violation of certain rights – and the extent to which these violations occur – are morally intolerable and grounds for the use of force to protect individuals from such abuses. I then argue that a commensurate hierarchy of rights (violations) can be distilled from an analysis of international crimes to which universal jurisdiction is attached. This essay concludes that the principle of universal jurisdiction provides a legal standard that suggests certain human rights violations are morally intolerable, thus subject to humanitarian intervention.