In “Ethics and Intervention: The ‘Humanitarian Exception’ and the Problem of Abuse in the Case of Iraq, Alex Bellamy argues that war is only justified in exceptional cases where “supreme humanitarian intervention” is genuinely required (Bellamy, p. 137). Bellamy discusses the ethics of intervention and the decision of the US to invade Iraq. He provides the argument that international law does not provide moral reasoning on the issues of war. However, he acknowledges that it does provide an important foundation on the issue of legitimacy of war. He discusses two legal justifications for war, which include implied UN authorization and pre-emptive self-defense of that state. Neither of these is the case in Iraq, although the government may say …show more content…
Moreover, “It uses the case of Iraq to assess whether conservative interpretations of positive international law can be overridden by moral right to uphold elements of natural law that are knowable to all” (p.132). Bellamy ultimately poses a moral question of whether there is a moral “humanitarian exceptions to this rule grounded in the “just war” theory. Bellamy sets out his argument in two aspects to determine whether war has been used for a humanitarian case. He discusses the “holy war” tradition and the classical just war thinking based on natural law and comes to the conclusion that the holy war is problematic. I also agree that the holy war tradition is problematic as no proper set of rules have been set out. It is solely based on mere …show more content…
However, he acknowledges that they about abuse the use of force. Consequently, the natural law and legal positivism arguments should be understood as complementary school of thoughts and not “as separate traditions” (p.132). In sum, Bellamy provides that natural law provides justification for the invasion of Iraq on humanitarian terms, whereas legal positivism does not consider the human rights violations and leaves states to abuse the use of force, as in the case of Iraq. I agree with Bellamy when he asserts that the humanitarian exception in Iraq’s case resulted in abuse when he provides “Abuse refers to the case where moral argument are used to justify a war that not primarily motivated by the moral concerns espoused, but by the short-term interests of those instigating violence” (p 132). Moreover, Bellamy outlines the problems with international law. He sets out that international law has no single authoritative lawmaker in international; there is no judge above the sovereign; that customs are difficult to interpret objectively; that positive law is underdeveloped and doesn’t address the necessary aspects of law keeping; and that there is no defined community-based moral framework in place, thereby making it impossible to establish ethics (p.133). The UN Resolution of 687 that is discussed by Bellamy in the case of Iraq illustrates how it is arguable whether the use of
In “On the American Indians” Vitoria argues that there are few situations that justify a country to use humanitarian intervention. Humanitarian intervention is defined as military force, publicly stated to end the violation of human rights, against another state. Vitoria discredits the justification of humanitarian intervention in every case, unless you are intervening for an ally or a friend. In this paper, I will argue that his view is more plausible than it may at first appear.
Pre-emptive force is commonly recognised as a preventative use of force. Michael Walzer identifies that pre-emptive force is when both states defend themselves against violence that is imminent but not actual; the state can fire shots if it knows it is about to be attacked (2006: 74). “ …there must be shown a necessity of self defence… instant, overwhelming, leaving no choice of means, and no moment for deliberation.” (Berkley, 1968). This would allow a state to respond to an attack once the targeted state had seen it coming but before it felt its impact. Pre-emption is then like a reflex “a throwing up of ones arms at the very last minute” (Walzer, 2006: 75). Putting aside the definitions of pre-emptive war, the question of whether or not it is justified has become a complex and contradictory matter for many states. The issues of abiding by international law, understanding the meaning of ‘imminent threat’ and morality all come into question. The biggest of problems is that states misjudge threat. The confusion and blurred definition of the term imminent threat leads to states acting out of uncertainty and aggression rather than justified move, which can constitute as pre-emptive war. Referring to realist and liberal theorists in conjunction with previous examples where states have pursued ‘pre-emptive’ force to legitimize their actions, a conclusion as to whether pre-emptive war can be justified can be reached. Pre-emptive war can be justified supporting a states internal responsibility to protect. Yet, due to states having previously exploited this use of force, justification can appear to be exceedingly controversial and unpopular. As Michael Waltz mentioned, pre-emptive war is either about ‘strategic or morals… one or the othe...
Terrorist attacks are a major crisis for a state, the attacks can’t only damage the state physically but they can also have an impact on the state’s economy. Nevertheless, state leaders must act accordingly and do their best to defend and protect their state. After experiencing the attack on the American embassies the President of the United States proposed a plan to have military intervention in both Iraq and Syria. The plan requires both Congressional and public approval along with the requirements brought by Just War Theory. As Crawford noted on “Just War Theory and the US Counterterror War,” no matter how bad war might be, it is necessary for there to be rules that can help prevent more harm. Thankfully, the proposed plan to go to war against ISIS can be justified on these moral grounds.
The just war theory is described by Thomas Massaro in his book Living Justice as the “principle that warfare might be justified under certain conditions” (108). The complexities involved with international relations makes determining a just war very difficult. Even though historically pacifism hasn’t gained much traction within Catholic circles, it currently is gaining popularity with many mainstream Catholics. With so many differing views on military action, one might ask, “What determines a just war? How can we balance the need for peace with self-defense?” An examination of criteria for a just war and critiques written on this topic might shed light on these two questions.
Humanitarian intervention after the post-cold war has been one of the main discussions in the International Relation theories. The term intervention generally brings a negative connotation as it defines as the coercive interference by the outside parties to a sovereign state that belongs in the community. The humanitarian intervention carried out by international institutions and individual sovereign states has often been related to the usage of military force. Therefore, it is often perceived intervention as a means of ways to stop sovereign states committing human rights abuse to its people. This essay will focus on the key concepts of allowing for humanitarian intervention mainly in moral and justice in international society. This essay will also contribute some arguments against humanitarian intervention from different aspects of theories in International Relation Theory.
...s to act on the basis of power and self-interest. This is false because states actually have the ability to freely choose between alternative courses of actions. War is not the only option. As Walzer says, rarely is a state credibly threatened with extinction, this means that states are free in a very clear sense, to choose to act on the basis of moral commitments and conceptions of justice as well as upon considerations of their own national interests. This can be seen in practice in democratic regimes where both national interests and moral commitments are based upon the moral beliefs of a nation’s people. Since war is an intentional human activity, states choose whether or not to take the dramatic step of embarking into war. Therefore, any intentional human activity is one that is subjected to moral scrutiny and humans are more complex than the realist picture.
The just war theory is described by Thomas Massaro in his book Living Justice as the “principle that warfare might be justified under certain conditions” (108). The complexities involved with international relations makes determining a just war very difficult. Even though historically pacifism hasn’t gained much traction within Catholic circles, it currently is gaining popularity with many mainstream Catholics. With so many differing views on military action, one might ask, “What determines a just war? How can we balance the need for peace with self-defense?” An examination of criteria for a just war and critiques written on this topic might shed light on these two questions.
Many, including the Catholic Church, judge the justifications of a war based on several factors given in the “just war theory,” which is used to evaluate the war based on its causes and means. The first required factor is a just cause, meaning that a nation’s decision to begin a war must be due to “substantial aggression” brought about by the opposition which cannot be resolved through non-violent solutions without excessive cost whereas armed conflict is not hopeless or excessively costly (“Just War Theory”1). In most cases, wars are started for a reason; however, many of these reasons are for the benefit of the governments who start the wars. The just war theory is widely accepted as a way to determine the moral standing of the reasons. This part of the theory is to ensure that the objective of a war is a reasonable and moral one. It prevents the needless bloodshed and loss of human lives over petty disputes while still protecting the rights and lives of the innocent by acknowledging the necessity of war in dire situations.
American involvement in humanitarian intervention is one of the most controversial issues in contemporary US foreign policy. The definition of humanitarian intervention is a military intervention; entering into a country for the purposes of saving lives and protecting citizens from the violation of their human rights. As in all debates, there are always two sides. One side disputes that military force should only be applied when, in the words of former Secretary of Defense Weinberger, ‘a vital national interest is at stake.’ ¹ The opposing side disputes that the US should apply military force to mediate when in the words of former president Clinton, “someone comes after innocent civilians…and it is in our power to stop it, we will stop it,” even if a vital national interest is not at stake.² The just war theory and Plato’s Republic can both be used to justify the humanitarian intervention doctrine.
The question "Can war be justified?" plagued mankind since the first war. The Just War Theory holds that war can be just. The theory has evolved for thousands of years and modern theorists, such as Michael Walzer, author of Just and Unjust Wars, puts forth criteria for a just war, such as jus ad bellum and jus in bello. Jus ad bellum includes reasons for going to war, and jus in bello deals with the people who wage war. The criteria in jus ad bellum include; just cause, declaration by a proper authority, right intention, a reasonable chance of success, the end proportional to the means, and war as a last resort. Jus in bello includes keeping innocents outside the field of war, and limiting the amount of force used. Just War Theorists hold that all of these criteria must be followed for a war to be just. I will analyze The Just War Theories most debated arguments, self-defense, pre-emptive strikes, and the killing of innocents. In the second half of this paper, I will briefly explain Pacifism, and provide a counter argument for each Just War argument.
Wingfield, David R. "Why International Law Supports the Invasion of Iraq: A Short History on UN
...perts agree that the air strikes against Kosovo by NATO were illegal because they were never authorized by the security council. However, libertarian expert cite humanitarian international law to justify NATO's actions. For example the former UN Secretary General Kofi Annan stated that NATO was justified and its actions were legitimate and that a new form of intervention was emerging- for cases involving repression of minorities that will and must take precedence over other concerns of the law of states. Thus any fragrance violations of humanitarian law, be it crimes against humanity, violations of human rights in the Geneva convention or ethnic cleansing, may provide a legitimate basis for action on the part of international community because all of these have international consequences and go well beyond sacred principles of the domestic jurisdiction of state.8
Since its adoption by world leaders at the World Summit in 2005, the Responsibility to Protect (herein R2P) has been hailed as a major achievement in protecting populations from genocide, war crimes, crimes against humanity, or ethnic cleansing that would be committed by rulers. However, some see the R2P not as an effective human right instrument for civilians’ protection as it appears to be another tool for imperialism. My position in this essay is that I believe the R2P doctrine is a considerable achievement in world politics as it signals to potential perpetrators of mass atrocities that the world would no longer stand by, but will use force when necessary to protect innocent civilians. My position is articulated as follows. First, I will present the content/principles of the R2P doctrine . Second, I will point out the legal and moral argument underpinning the R2P, particularly its military aspect. Finally I will evoke some cases where the R2P has been critical in protecting populations from mass killing and show the shortcoming of those who argue against the R2P.
The use of military force is a valid customary international law norm and it is enshrined in the United Nations Charter. Nevertheless, the use of force is only authorised if it falls under one of two categories: self-defence (article 41 of the United Nations Charter), or Security Council authorisation. To justify a resort to pre-emptive war, a state must give reasonable proof that the action is necessary to the vital national security interests of the state, and that the act of aggression in self-defence is proportional, according to Charter principles. The threat imposed by an aggressor must be proven to be clear and imminent, direct, critical to the state facing disproportionate danger, and unable to be handled using peaceful alternatives. According to the Charter, to deem self-defence lawful requires that an attack has already been launched against a victim state. Examples of states acting pre-emptively in anticipatory self-defence have further elaborated on this legality, creating in some instances an international acceptance that in the case of an imminent attack, the necessity of a proportional assault in self-defence is lawful. However, the issue remains that the Charter, in order to deem an action as lawful self-defence, requires the existence of an armed attack on the victim state. Interpretation on what constitutes an armed attack is what generates the most disagreement amongst the international law community. It is agreeable, however, that no state can be expected to sit idly by and await the first blow of an armed attack by an aggressor state in the modern era of warfare.
Magno, A., (2001) Human Rights in Times of Conflict: Humanitarian Intervention . Carnegie Council for Ethics in International Affairs, 2 (5). [online] Available from: [Accessed 2 March 2011]