By Aidan Hehir
While may still the foreign group intrude to avoid discomfort inside of sovereign states? This booklet argues that considering Kosovo, the normative thesis has didn't effect overseas politics, as evidenced via occasions in Iraq and Darfur. This critique rejects realism and gives a brand new point of view in this vital factor.
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Additional resources for Humanitarian Intervention after Kosovo: Iraq, Darfur and the Record of Global Civil Society
The illegality of humanitarian intervention is accepted by many of its most vociferous proponents who believe that the legal barriers to intervention, particularly sovereignty, must be repealed or simply ignored. The following section highlights the rationale behind these much-maligned restrictions so as to demonstrate the progressive aspect of sovereignty. The role of law and sovereignty The idea of a state evolving independently of the international system in sole control over its development is obviously a myth.
Third, the acceptance of sovereignty led to the frequent convening of international conferences to settle major disputes that might otherwise have descended into interstate conflict. Finally, as a result of the greater acceptance of the right of other independent states to exist there emerged the growth of accepted diplomatic practices and procedures for state-level contact. These consequences in themselves are certainly not negative. As discussed in this chapter’s earlier sections the recognition of sovereignty up to the signing of the UN Charter was contingent on the whims of the powerful and thus less a legal right than a function of power and/or patronage.
26 UK Defence Minister George Robertson stated, ‘We are in no doubt that NATO is acting within international law. ’27 While suggesting that a principle permitting the use of force in extreme circumstances to prevent a humanitarian crisis is ‘accepted’ is clearly a political Law, Sovereignty and Humanitarian Intervention 21 statement and certainly not without contention, there is some basis for the assertion that humanitarian intervention is not considered illegal by everyone. 28 The criteria for such action were threefold.