Philosophy of International Humanitarian Law Introductory text
(Posted 12/23/09) In "The Responsibility to Protect Doctrine and Humanitarian Intervention: Too Many Ambiguities For A Working Doctrine," Journal of Conflict & Security Law, Vol.
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could take to improve the international legal regime governing humanitarian intervention in cases of genocide or mass atrocity: "These measures include expressing strong but nuanced support for the responsibility to protect and working with other permanent members of the UN Security Council to discourage the use of vetoes in clear cases of mass atrocities.
Up until the 1970s, – or at least its codified norms – was strongly influenced by Western culture and European powers. However, the humanitarian ideas and concepts formalized in humanitarian law treaties are shared by many different schools of thought and cultural traditions.
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(Posted 11/11/06) In a preliminary draft of "Democracy, Prudence, Intervention," Jack Goldsmith examines certain tensions between the kinds of humanitarian interventions that some just war theorists favor and the pressures of instrumentally rational decision-making that are typical of democracies.
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Its relationship with universal values is probably one of the greatest challenges faced by humanity. The law cannot avoid addressing it. Unfortunately, the question of the universal nature of international humanitarian law has prompted little scholarly deliberation, unlike the body of human rights law, whose universal nature has been forcefully called into question – by anthropologists, among others, and particularly since the 1980s.
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(Posted 11/11/06) Ryan Goodman rebuts the "pretext" objection to the legalization of humanitarian interventions in "Humanitarian Intervention and Pretexts for War," American Journal of International Law, volume 100, number 1, January 2006, pp.
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(Posted 10/31/06)A working version of Terry Nardin's "The Moral Basis of Humanitarian Intervention" is available for downloading from the UC Irvine school of social sciences where the paper was part of a 5/26/2000 symposium at the Center for Global Peace and Conflict Studies.
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As its normative weight increases and its normalization advances, it could enhance local and international institutional capacities to assess and address the risk of atrocities at an earlier stage through primary prevention, ensure robust measures are taken to halt R2P crimes in a more consistent manner, and rebuild societies emerging from conflict." (Posted 8/6/11)In "The Vexing Problem of Authority in Humanitarian Intervention," Wisconsin International Law Journal, Vol.
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(Posted 10/22/06)In "Contending Interventions: Coming to Terms with the Practice and Process of Enforcing Compliance," Human Rights and Human Welfare, Volume 6, 2006, Emilian Kavalski reviews Martha Finnemore's The Purpose of Intervention: Changing Beliefs about the Use of Force and Michael C.