Question

Why is the term humanitarian intervention contested and deeply controversial? In which circumstances would a humanitarian intervention considered legitimate.

Answer 1

Humanitarian Intervention And State Sovereignty
The language and practice of humanitarian intervention is far from new. It has been the source of incessant argument by lawyers, theologians, and philosophers for generations, even centuries. But the recent debate has its origins in the Cold War and was motivated by a number of controversial military actions. Three in particular stand out: India’s intervention in the Bangladesh War of 1971; Vietnam’s intervention in Cambodia in 1978, which resulted in the overthrow of the genocidal Khmer Rouge regime; and Tanzania’s intervention in Uganda in 1979, which ousted the dictator Idi Amin. These interventions were all condemned throughout the world. This criticism tended to be based on the contention that they undermined the notion of state sovereignty enshrined in Article 51 of the United Nations (UN) Charter. As such, these interventions offered a fundamental challenge to the stability of the post-World War II international system.

In the post-Cold War era, however, this conception of sovereignty as sacrosanct came under sustained attack. It was argued that despotic leaders should not be able to hide behind the shield of state sovereignty and that the international community had an obligation to intervene to stop the widespread abuse of human rights. This contention garnered widespread support. It was an important theme, for example, in the writings of UN Secretary-General Boutros Boutros-Ghali. The 1990s was a decade of interventions: Iraqi “no-fly zones,” Somalia, Bosnia, Sierra Leone, East Timor, and Kosovo. The Iraq War (2003–11) was classified as a humanitarian intervention by some of its advocates, demonstrating how wide the embrace of the term had become.

Criticisms Of Humanitarian Intervention
The doctrine of humanitarian intervention has been widely criticized. For many detractors, it represents a mode of liberal imperialism. Likewise, humanitarian intervention has been censured for coercively imposing Western ideas about rights onto other cultures. For others, humanitarianism is simply rhetorical cover either for the implementation of traditional geopolitical policies or for powerful economic interests. In particular, it is argued, the failure of the Western powers to intervene during the 1994 genocide in Rwanda, where there were no obvious economic or political interests at stake, demonstrated their hypocrisy. Indeed, Rwanda has become a lightning rod for the debate. For critics of interventionism, it proved that interventions were linked to self-interest. For advocates, Rwanda was a catastrophic failure and a spur for future action.

Legal And Practical Issues
Numerous contentious issues frame the debate. Some are theoretical, others practical. Probably the most intractable relate to the question of legitimacy (both legal and moral). Who is to judge an intervention legitimate, and on what grounds? Much of the legal debate stems from the tension between Article 51 of the UN Charter and the provisions of Article 24(1) and Chapter VII, which grant the Security Council powers to take whatever measures it regards as necessary to reestablish international peace and security. If an act is deemed to threaten peace and security, the UN can empower agents to rectify this, as occurred in the Bosnian conflict (1992–95). However, legal and moral obligations have clashed. In Kosovo, the North Atlantic Treaty Organization (NATO) intervened without UN authorization, claiming that although such authorization was unlikely to be granted, there was nevertheless an overwhelming ethical imperative to act.

Aside from questions of legitimacy, there are other problems to be confronted. There is a practical issue. Even if interventions were regarded universally as legitimate, there exists no consensus about whether they actually work, or whether they delay or even exacerbate the problems they seek to resolve. The question of motivation is also problematic. Is it ever really possible to act solely for humanitarian reasons? Moreover, should motivation actually matter? This all depends on what ethical system is employed. If it is simply a matter of consequences, as a utilitarian might argue, then an intervention conducted purely in the name of national self-interest that resulted in a “humanitarian” outcome (for example, the overthrow of a genocidal leader) could be classified as a humanitarian intervention. Likewise, an intervention conducted out of concern for human rights, if it failed in its primary goal, could not be classified as such. Such issues continue to drive the debate.

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