The Applicability of Humanitarian Intervention and the Responsibility to Protect During Armed Conflicts: Russia-Ukraine War in Focus
DOI:
https://doi.org/10.58425/ajlps.v2i1.111Keywords:
Humanitarian intervention, responsibility to protect, human rights, peace and securityAbstract
Purpose: Humanitarian intervention and the responsibility to protect have been at the centre of debate in the UN, among states and civil societies. The failure of the International Community to use military force to intervene in the case of Syria and the ongoing atrocities in Ukraine has weakened the enthusiasm that was kindled by the authorized use of force in Libya. This paper aimed at critically examining the situation in Russia-Ukraine in order to propose a way forward for the protection of civilians in Ukraine through humanitarian intervention.
Methodology: To this end, the paper recalls the responsibility to protect bestowed on States and the International Community, evaluating the positive impacts of humanitarian intervention in Kosovo and Libya. Adopting a purely doctrinal research method, this paper questions why the international community is reluctant in using military intervention in the Russia-Ukraine situation in order to protect civilians, curb human rights violations and maintain peace and security.
Findings: The study found out that the fear to trigger war in the whole of Europe and the fact that Russia is a permanent member of the Security Council with veto power have weakened this enthusiasm to intervene.
Conclusion: The study concludes that there is necessity for humanitarian intervention to protect civilians in Ukraine by NATO and other States.
Recommendation: This study recommends the use of the majority voting system in decisions to apply humanitarian intervention instead of the veto system. The study also recommend that permanent members of the Security Council who are involved in gross violation of human rights like Russia should be suspended and eventually removed as a Permanent member if violations persist.
References
Atack, Iain. “ ethical Objections to Humanitarian Intervention”, JSTOR, Vol.33, No. 3, 2002
Borgia, Fiammetta. 2015. “The Responsibility to Protect doctrine: Between criticisms and inconsistencies”, Journal on the Use of Force and International Law. Vol. 2. No. 2, 2015
Cawthra, Garvin, Peacekeeping Interventions in Africa, (Mozambique: Friedrick Ebert Stiftung, 2016)
Christiansen, Mark. Humanitarian Intervention: Legal and Political Aspects, (Copenhagen, Denmark: Danish Institute of International Affairs, 2000)
Coban-Ozturk, Ebru. “The International Criminal Court Jurisdiction and the Concept of Sovereignty”, European Scientific Journal, Vol. 10, 2014
Drakaki, Maria., “The Syrian Crisis, The Gross Violation of Human Rights, The Extended Use of Chemical Weapons and Their destruction, and the Refugees: Is there any end in this Vicious Circle?”, Unpublished, 2016
Engle, Eric., “Humanitarian Intervention and Syria”, Barry Law Review, Vol. 18. Issue. 1, 2012
Francioni, Francesco and Bakker, Christine., “ Responsibility to Protect , Humanitarian Intervention and Human Rights : Lessons from Libya to Mali”, Transworld, Working Paper 15, 2013
Fukutomi, Mitsuhisa., “ Humanitarian Intervention in Libya: Is it Causing Internal War?”. Hitotsubashi Journal of Law and Politics, Vol. 25, Issue 2, 2017
Green, Matthew., “To what Extent was the NATO Intervention in Libya a Humanitarian Intervention?”, E-International Relations, 2019
Gromes, Thorsten., “ A Humanitarian Milestone? NATO’s 1999 Intervention in Kosovo and Trends in Military Responses to Mass Violence”, Peace Research Institute Franffurt (PRIF), 2019
http://envlaw.com.au/wp-content/uploads/handout_sovereignty.pdf
https://reporting.unhcr.org/ukraine-situation
https://www.globalr2p.org/publications/summary-2022-r2p-debate/
https://www.globalr2p.org/resources/2005-world-summit-outcome-a-60-l-1/
https://www.globalr2p.org/resources/2021-unga-r2p-resolution/
https://www.hrw.org/world-report/2022/country-chapters/cameroon
https://www.refworld.org/docid/4790cbc02,html
https://www.securitycouncilreport.org/un-security-council-working-methods/the-veto.php
Kinacioglu, Muge., “ The Principle of Non-Intervention at the United Nations: The Charter’s Framework and the Legal Debate”, Centre for International Studies, 2005
Matthewman, Joshua., “Humanitarian Intervention: An Exploration of Its Justification and Best Practices”. Unpublished, 2012
Qudraat, Chantal de Jonge., “ Humanitarian Intervention: The Lessons Learned”, Carnegie Endowment for International Peace, 2000
Report of the Secretary – General’s High-Level Panel on Threats, Challenges and Change, “ A More secure World: Our shared Responsibility”, 2004
Srivastava, Sunil, 2007. Handbook for the Protection of Internally Displaced Persons, (Geneva, Switzerland: Global Protection Cluster Group, 2007)
The International Commission on Intervention and State Sovereignty (ICISS) Report on Responsibility to protect, 2001
Valki, Laszlo., “Kosovo, International Law and Humanitarian Intervention”, JSTOR, No.15,2001
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