Intervening in Mass Atrocities : The Way Forward

• Main Author: Nykvist, David
• Format: Others
• Language: English
• Published: Uppsala universitet, Juridiska institutionen 2014
• Subjects: international law; humanitarian intervention; un; united nations; icc; r2p; responsibility to protect; uniting for peace; folkrätt; humanitär; intervention; fn
• Online Access: http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-216098

This thesis aims to critically assess the threemain approaches for the legal and political future of humanitarianintervention. It does so through the use of a normative and, to a lesser extent, a dogmatic methodology. The thesis thoroughly examines whether the relevant provisions of the UN Charter provide a satisfactory legal framework. Acknowledging the deficiencies of existing international law, the thesis brings underscrutiny the position that the law should be disregarded. Finding such a worldorder to be unacceptable, the thesis further sets off to explore potential legal and political reforms. The conclusion of the analysis is that a reform must consist of two elements in order to be both effective and legitimate. First, the codification of criteria under which humanitarian intervention is recognised as a legal right. Second, an institutional reform that mitigates the opportunities for states to pursue their political self-interests.