Self Defence

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Humanitarian intervention: neither right, nor responsibility, but necessity?

I'd like to offer a small "think piece" contribution to a bigger debate, in which I try and tease out a question that has troubled me: do we need a positive right of humanitarian intervention? What would happen if we conceded it was prima facie an unlawful use of force, but was legally (not just morally) justifiable or excusable in a particular case? My tentative conclusion is that the defence of necessity might prima facie be available to justify a use of force in an humanitarian intervention but would face some significant problems on close scrutiny. We're all by now familiar with a certain account of the development of the idea of humanitarian intervention. Let me offer a stylised version of this narrative, with its inevitable oversimplifications by way of introduction. On one account humanitarian intervention begins as an idea supported by academics, is then invoked (not always consistently) by a small handful of States in concrete cases from the 1990s onwards, is opposed by the 170 member States of the Group…

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