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Humanitarian Intervention

NOMOS XLVII
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Somalia, Haiti, Bosnia, and Kosovo. All are examples where humanitarian intervention has been called into action. This timely and important new volume explores the legal and moral issues which emerge when a state uses military force in order to protect innocent people from violence perpetrated or permitted by the government of that state. Humanitarian intervention can be seen as a moral duty to protect but it is also subject to misuse as a front for imperialism without regard to international law. In Humanitarian Intervention, the contributors explore the many questions surrounding the issue. Is humanitarian intervention permitted by international law? If not, is it nevertheless morally permissible or morally required? Realistically, might not the main consequence of the humanitarian intervention principle be that powerful states will coerce weak ones for purposes of their own? The current debate is updated by two innovations in particular, the first being the shift of emphasis from the permissibility of intervening to the responsibility to intervene, and the second an emerging conviction that the response to humanitarian crises needs to be collective, coordinated, and preemptive. The authors shed light on the timely debate of when and how to intervene and when, if ever, not to. Contributors: Carla Bagnoli, Joseph Boyle, Anthony Coates, Thomas Franck, Brian D. Lepard, Catherine Lu, Pratap Bhanu Mehta, Terry Nardin, Thomas Pogge, Melissa S. Williams, and Kok-Chor Tan.
PrefaceMelissa S. WilliamsContributors Introduction Terry NardinPART I: PRINCIPLES1. Traditional Just War Theory and Humanitarian Intervention Joseph Boyle2. Humanitarian Intervention: A Conflict of Traditions Anthony Coates3. The Duty to Protect Kok-Chor Tan4. Humanitarian Intervention as a Perfect Duty: A Kantian Argument Carla BagnoliPART II: INSTITUTIONS5. Legality and Legitimacy in Humanitarian Intervention Thomas Franck6. Moralizing Humanitarian Intervention: Why Jurying Fails and How Law Can Work Thomas Pogge7. Whose Principles? Whose Institutions? Legitimacy Challenges for "Humanitarian Intervention" Catherine Lu8. Jurying Humanitarian Intervention and the Ethical Principle of Open-Minded Consultation Brian D. Lepard9. The Jury, the Law, and the Primacy of Politics Melissa S. Williams10. From State Sovereignty to Human Security (via Institutions?) Pratap Bhanu Mehta11. The Unavoidability of Morality: A Commentary on Mehta Kok-Chor TanIndex
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