Conversely, Cesterman 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. I 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, prticularly in the current bi-polar international framework. On the one hand, te UN’s ostensibly overall objective is to restore peace through its interventionist strategy. Hwever, other side of the spectrum, Sptember 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).
Mreover, te 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. Ideed, Fetcher and Ohlin posit that the ambiguity in the interpretation of the UN Charter has enabled humanitarian intervention to be 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). Mreover, Cgen and Brabandere argue that a central problem is the fact that “democracy” itself is not defined in the UN Charter (Cogen & Brabandere, 2007). Hwever, i a humanitarian intervention is to be legally justified on grounds of promoting “democracy”, tis clearly begs the questions as to how any such measure can be justified under an international legal system. Aticle of the United Declaration of Human Rights asserts the right to a democratic government, wich whilst providing justification for interventionist measures to rebuild peace, fils to address the governance of the actual method of intervention in the first instance.
Ideed, Cgen and Brabandere highlight the fact that the central problem is the correlation between intervention, ocupation and democracy, wich raises the issue of “forced democratisation” (Cogen & Brabandere, 2007). Pime examples of other UN mandated missions. ..
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