Date of Defense
27-11-2024 4:00 PM
Location
H2-1005
Document Type
Thesis Defense
Degree Name
Master of Private Law
College
College of Law
Department
Private Law
First Advisor
Dr. Driss Ed.Daran
Keywords
Humanitarian intervention, legitimacy, responsibility to protect, United Nations, Security Council.
Abstract
Humanitarian intervention represents a complex and controversial strategy in international relations, with its declared aim being the protection of individuals from severe human rights abuses and humanitarian suffering, particularly in contexts of conflict and crises. Despite the good intentions that may motivate humanitarian interventions, they raise complex questions around sovereignty, ethical responsibility, and unintended consequences. This study explores the issue of whether intervention for the protection of human rights can be considered a legitimate necessity justified by legal grounds and examines the impact of such intervention on state sovereignty and international relations. The study concludes with several findings, most notably that there is a sharp doctrinal divide regarding the legitimacy of humanitarian intervention. This divide stems from the fact that humanitarian intervention has often been stripped of its essence, permitting its politicization and exploitation as a pretext for other purposes. The principle of the responsibility to protect is theoretically positive; however, its practical application has failed in various instances, leading to the emergence of an opposing principle: responsibility while protecting. The study presents several recommendations, including emphasizing that military intervention should not be the first resort, as peaceful conflict resolution mechanisms—such as negotiations, mediation, and humanitarian aid—must be strengthened. Military intervention should only be considered as a last resort after exhausting all other solutions. Additionally, it calls for strengthening the "responsibility to protect" principle by establishing effective mechanisms for its peaceful implementation and ensuring prompt and effective intervention when there is a genuine threat to human rights. The study also advocates for reforms in the United Nations structure, particularly the Security Council, on matters related to humanitarian intervention, taking into account paragraphs 10 and 11 of the letter dated November 9, 2011, from Brazil’s Permanent Representative to the Secretary-General. These recommendations offer logical and effective solutions for implementing the responsibility to protect.
Included in
HUMANITARIAN INTERVENTION IN INTERNATIONAL LAW
H2-1005
Humanitarian intervention represents a complex and controversial strategy in international relations, with its declared aim being the protection of individuals from severe human rights abuses and humanitarian suffering, particularly in contexts of conflict and crises. Despite the good intentions that may motivate humanitarian interventions, they raise complex questions around sovereignty, ethical responsibility, and unintended consequences. This study explores the issue of whether intervention for the protection of human rights can be considered a legitimate necessity justified by legal grounds and examines the impact of such intervention on state sovereignty and international relations. The study concludes with several findings, most notably that there is a sharp doctrinal divide regarding the legitimacy of humanitarian intervention. This divide stems from the fact that humanitarian intervention has often been stripped of its essence, permitting its politicization and exploitation as a pretext for other purposes. The principle of the responsibility to protect is theoretically positive; however, its practical application has failed in various instances, leading to the emergence of an opposing principle: responsibility while protecting. The study presents several recommendations, including emphasizing that military intervention should not be the first resort, as peaceful conflict resolution mechanisms—such as negotiations, mediation, and humanitarian aid—must be strengthened. Military intervention should only be considered as a last resort after exhausting all other solutions. Additionally, it calls for strengthening the "responsibility to protect" principle by establishing effective mechanisms for its peaceful implementation and ensuring prompt and effective intervention when there is a genuine threat to human rights. The study also advocates for reforms in the United Nations structure, particularly the Security Council, on matters related to humanitarian intervention, taking into account paragraphs 10 and 11 of the letter dated November 9, 2011, from Brazil’s Permanent Representative to the Secretary-General. These recommendations offer logical and effective solutions for implementing the responsibility to protect.