Proposals for regulating future humanitarian interventions

Abstract

Although the legality of approved humanitarian intervention is undisputable in the positive international law, this legal institute should be further regulated in order to remove certain legal ambiguity and difficulties in its application. The future regulation of humanitarian intervention may be carried out in one of the three ways: by adopting a special international treaty, by entering amendments in the UN Charter, or by embarking on the factual revision of the UN Charter. Due to the limiting effects of Article 103 of the UN Charter as well as the problematic status of UN member states which would not ratify the international agreements on humanitarian intervention, the regulation of future humanitarian intervention seems to be the least likely option. Formal revision of the UN Charter is not a viable option either because, thus far, the major world powers have been against introducing any substantial changes to this treaty. For this reason, the factual revision of the UN Charter is currently the most appropriate way of regulating future humanitarian interventions. When it comes to substantive rules governing humanitarian intervention, it is necessary to focus on the problem of humanitarian intervention decision-making as well as on the conditions and criteria for the approval and carrying out a humanitarian intervention. The UN Security Council must retain the right to decide on approving such an intervention but it is also necessary to establish an independent expert body whose task would be to determine the presence of serious and mass violations of human rights in a specific country and notify the Security Council about such occurrences. The specification of conditions and criteria for undertaking a humanitarian intervention should strengthen its legitimacy and prevent unreasonable disruption of states' territorial integrity and political independence.