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Humanitarian Intervention

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Conversely, Chesterman questions the legitimacy of such “benevolent foreign autocracy” and argues that such state interventions blur distinctions between legitimate humanitarian intervention and military occupation (Chesterman, 2004 p. It is submitted that Chesterman’s reference to “state building” goes to the heart of the debate in relation to the role of the UN and other multilateral organisations in peace building initiatives under international law, particularly in the current bi-polar international framework. On the one hand, the UN’s ostensibly overall objective is to restore peace through its interventionist strategy. However, on the other side of the spectrum, September 11 has transformed US foreign policy and its strategy towards “nation building” on humanitarian grounds often pursuing objectives outside the confines of democratic peace restoration (Jervis, 2002).Moreover, the US position in the Security Council arguably enables the UN to be utilised as a tool to facilitate these objectives particularly in light of the ambiguity of Article 39 of the UN Charter. Indeed, Fletcher and Ohlin posit that the ambiguity in the interpretation of the UN Charter has enabled humanitarian intervention to be utilised as a legitimate form of self defence. This therefore underlines the debate regarding the legitimacy of peace building after armed conflict particularly with regards to the US (Lietzau, 2004).Moreover, Cogen and Brabandere argue that a central problem is the fact that “democracy” itself is not defined in the UN Charter (Cogen & Brabandere, 2007). However, if a humanitarian intervention is to be legally justified on grounds of promoting “democracy”, this clearly begs the questions as to how any such measure can be justified under an international legal system.Furthermore, Article 21(3) of the United Declaration of Human Rights asserts the right to a democratic government, which whilst providing justification for interventionist measures to rebuild peace, fails to address the governance of the actual method of intervention in the first instance. Indeed, Cogen and Brabandere highlight the fact that the central problem is the correlation between intervention, occupation and democracy, which raises the issue of “forced democratisation” (Cogen & Brabandere, 2007).Prime examples of other UN mandated missions
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preview essay on Humanitarian Intervention
  • Pages: 6 (1500 words)
  • Document Type: Essay
  • Subject: Unsorted
  • Level: Ph.D.
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