Prospects for Humanitarian Uses of Force
Research output: Contributions to collected editions/works › Chapter › peer-review
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Prospects for Humanitarian Uses of Force. / Tams, Christian J.
Realizing Utopia: The Future of International Law. ed. / Antonio Cassese. Oxford University Press, 2012. p. 359-374.Research output: Contributions to collected editions/works › Chapter › peer-review
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TY - CHAP
T1 - Prospects for Humanitarian Uses of Force
AU - Tams, Christian J.
PY - 2012/9/20
Y1 - 2012/9/20
N2 - How to strike a balance between the desire to restrict the availability of force and the need to protect human rights depends on the relative importance that a normative system accords to each of these values. The international legal system has adopted a rather differentiated approach that distinguishes between institutional and private uses of force, privileges certain values over others, and lives with grey areas of legal uncertainty. The international community has accepted that force can be used in two cases. To rescue nationals abroad and to provide military assistance to end colonial domination. International law does not recognize a right of states to forcible humanitarian intervention. Prospects for the future include, within the UN system, the organization might be able to make more frequent and more effective use of its existing competences; in addition, Council practice may help to develop agreed standards governing the auto-interpretation of equivocal mandates. Outside the UN system, the most likely scenario is that the international community will continue to reject humanitarian interventions while at the same time tolerating breaches in exceptional circumstances.
AB - How to strike a balance between the desire to restrict the availability of force and the need to protect human rights depends on the relative importance that a normative system accords to each of these values. The international legal system has adopted a rather differentiated approach that distinguishes between institutional and private uses of force, privileges certain values over others, and lives with grey areas of legal uncertainty. The international community has accepted that force can be used in two cases. To rescue nationals abroad and to provide military assistance to end colonial domination. International law does not recognize a right of states to forcible humanitarian intervention. Prospects for the future include, within the UN system, the organization might be able to make more frequent and more effective use of its existing competences; in addition, Council practice may help to develop agreed standards governing the auto-interpretation of equivocal mandates. Outside the UN system, the most likely scenario is that the international community will continue to reject humanitarian interventions while at the same time tolerating breaches in exceptional circumstances.
KW - Human rights protection
KW - Humanitarian intervention
KW - International law
KW - Military assistance
KW - Use of force
KW - Law
UR - http://www.scopus.com/inward/record.url?scp=84920396651&partnerID=8YFLogxK
UR - https://www.mendeley.com/catalogue/6dc0a8fd-39d1-3f1f-86c7-f62c10d1f717/
U2 - 10.1093/acprof:oso/9780199691661.003.0029
DO - 10.1093/acprof:oso/9780199691661.003.0029
M3 - Chapter
AN - SCOPUS:84920396651
SN - 9780199691661
SP - 359
EP - 374
BT - Realizing Utopia
A2 - Cassese, Antonio
PB - Oxford University Press
ER -