Humanitarian Military Intervention Humanitarian intervention is a use of military force to address extraordinary suffering of people, such as genocide or similar, large-scale violation of basic of human rights, where people’s suffering results from their own government’s actions or failures to act. These interventions are also called “armed interventions,” or “armed humanitarian interventions,” or “humanitarian … Continue reading Military Intervention, Humanitarian →.

Suppose that state A attacks state D without warrant. The ensuing military conflict threatens international peace and security. State D (I assume) has a justification for defending itself by means of military force. Do third parties have a justification for intervening in that conflict by such means? To international public lawyers, the well-rehearsed and obvious answer is “yes.” Threats to international peace and security provide one of two exceptions to the legal and moral prohibition (as set out in (...) Article 2[4] of the UN Charter) on using force as a means for resolving interstate disputes. Just war theorists are not as verdictive. Compared to the ethics of humanitarian intervention and the ethics of national self-defense, the ethics of third-party military involvement in interstate conflicts remains underdeveloped in contemporary just war theory. This essay begins to fill that gap. I argue that to defend such interventions is tantamount to defending preventive military force, deterrent military force, and the resort to force in more cases than standardly thought. I then provide an account and limited defense of the deterrence argument. I show that deterrence is morally justified in relatively few cases and examine two problems with the argument: deterrence failures and the level of uncertainty under which leaders who use deterrent force operate. I conclude that we should take seriously the possibility that nonintervention, construed as the rejection of the direct use of military force, is the morally correct response to the most serious threats to international peace and security. (shrink)

I argue here that certain species of war, namely humanitarian military interventions (HMIs), can be obligatory within particular contexts. Specifically, I look at the notion of HMIs through the lens of just war theory and argue that when a minimal account of jus ad bellum implies that an intervention is permissible, it also implies that it is obligatory. I begin by clarifying the jus ad bellum conditions (such as just cause, right intentions, etc.) under which an intervention (...) is permissible. I then turn to the claim that permissibility necessitates obligation, by first showing that whenever an intervention is permissible, it is also minimally decent. Second, I show that minimally decent actions are morally obligatory by arguing that the notion of minimal decency is a conceptual bridge between negative and positive duties. Third, I argue that performing minimally decent actions is necessary for a state to be just. Ultimately, my conclusion arises from the following observation: if a humanitarian crisis is bad enough for one to hold that it is permissible to breach sovereignty of a nation, then it is bad enough to hold that there is an obligation to intervene. (shrink)

Classical arguments about the legitimate use of force have profoundly shaped the norms and institutions of contemporary international society. But what specific lessons can we learn from the classical European philosophers and jurists when thinking about humanitarian intervention, preventive self-defense or international trusteeship today? The contributors to this volume take seriously the admonition of contextualist scholars not to uproot classical thinkers' arguments from their social, political and intellectual environment. Nevertheless, this collection demonstrates that contemporary students, scholars and policymakers can (...) still learn a great deal from the questions raised by classical European thinkers, the problems they highlighted, and even the problematic character of some of the solutions they offered. The aim of this volume is to open up current assumptions about military intervention, and to explore the possibility of reconceptualizing and reappraising contemporary approaches. (shrink)

A current topic of global justice is the debate over the right of humanitarian military intervention or, as some style it, the “responsibility to protect” the “human security” of all, especially where that security is threatened by the very sovereign power charged to defend it. Such intervention came into its own only in the decade of the Nineties. This essay analyzes the factors that favored that outcome and sketches the difficulties to which humanitarian intervention proved to (...) be exposed. There can be no doubt that the rhetoric supporting such a policy has expanded greatly during the past generation. But what of the reality? Is the “responsibility to protect” likely to prove the wave of the future, or merely that of the (still very recent) past? (shrink)

This volume discusses and expands the current state of research on military interventions. In this regard, it discusses questions concerning the legitimacy of interventions, their implementation and the actors involved. The volume is structured into three interdisciplinary parts, each with a focus on a specific topic. Part I deals with the question of under which circumstances intervention is legitimate and, if so, how it should be conducted. Part II focuses on the question of whether and, if so, why (...) the high thresholds currently applied to interventions should be considered legitimate. Finally, Part III elaborates on the question of who should intervene and which parts of society should be involved in post-conflict reconstruction. (shrink)

This article explores the status of a UN mandate for military intervention, especially in the aftermath of the non-mandated interventions in Kosovo and Iraq. It examines the realist and positivist approaches to this issue, and proposes a third approach, called the ?human rights model? in which public legitimacy plays a key role. It shows that not only political assessments but also legal ones differ on this question according the premises they are based on. The article further analyses how (...) normative and military power interacts in today's global public debate, and concludes that legitimacy for an intervention is established on a case-by-case basis. The existence of a UN mandate no longer gives automatic legitimacy. (shrink)

Conclusion: A Rationalist Communitarianism -- Notes -- PART VI: WIDER VALUES -- 14 Stretching Humanitarianisms: Cultural and Aesthetic Values and Military Intervention -- The Legal Situation -- Defining Art -- Destroying Works of Art -- Protecting Art -- Intervening for Art's Sake -- Some Things Are Worth Fighting For -- Notes -- Index.

The disastrous consequences of the US-led invasion of Iraq in 2003 appear to discredit just war theories that justify military intervention in sovereign states in the name of human rights. It is possible, however, to identify factors that distinguish a defensible military intervention from the kind pursued in Iraq, and to incorporate these into a doctrine of humanitarian military intervention that would not have permitted the Iraq invasion. This improved doctrine stands in contrast to (...) the militant interventionist doctrine that endorsed the invasion – a variant referred to here as the doctrine of just anti-totalitarian war . In order to critique the JAW doctrine and distinguish it from the improved doctrine, I examine critically the JAW-supporters' attempt to make sense of what went wrong in Iraq, and propose an alternative diagnosis. It is this alternative diagnosis that grounds a defense of moderate versions of the doctrine of just military intervention, which I seek in turn to render ‘Iraq-proof’. My Iraq-proof refinement is expressed in a list of injunctions. These require, among other things, critical interrogation of the moral standing of intervening powers and greater attention to the legitimate grievances of adversaries in regions targeted for intervention. They would also permit military intervention only in moral emergencies, and usually only to establish safe havens and protect relief supplies. (shrink)

The United Nations General Assembly has described intervention as dictatorial inter‐ference in the political independence and territorial integrity of a sovereign state. Traditionally, intervention was prohibited by international law. This principle of non‐intervention, its justification and possible exceptions to it have been much discussed.

Examines climate change, military intervention and financial collapse to reveal how truth is used by competing interests to shape individual behaviour, attitudes and identity.

Ukraine's war of self-defense against Russia is one of the clearest examples of a nation fighting a just war in recent history. Ukraine is clearly entitled to defend itself, and Russia is clearly obligated to cease hostilities, withdraw troops, and make repair. In light of this, some of the most salient moral questions related to Russia's war of aggression in Ukraine involve the international community; namely, what moral duties it has toward Ukraine, especially in light of Russia's extreme and pervasive (...) human rights abuses. The first section of the essay argues that there is a pro tanto moral duty to intervene militarily in Ukraine to stop Russian human rights abuses and ensure that Ukraine achieves a military victory. This duty is grounded in duties of rescue, promissory obligations, and reliance obligations, as well as duties to nations’ own citizens and to the international community. The second section of the essay argues that the most relevant consideration in determining whether there is an all-things-considered duty for the international community to intervene militarily in Ukraine is Russia's nuclear coercion and the associated risk of nuclear war. This section highlights the nuclear risks involved in compliance with Russian nuclear coercion, which I argue have been neglected in prominent discussions. The moral stakes involved in this determination are very high, and succumbing to Russian nuclear coercion in the face of massive human rights violations would set a dangerous precedent. Any course of action should be guided by a thorough analysis of all the risks involved, both nuclear and moral. (shrink)

This paper rejects most aspects of John W. Lango and Eric Patterson’s proposal that the United States should plan for a possible intervention in Sudan on secessionist and humanitarian grounds and announce this planning as a deterrent to the central government of Sudan attacking the people of South Sudan if they would opt in a January 2011 referendum for independence. I argue that secession is not a just cause for armed intervention and that, rightfully, neither the American people (...) nor many of its men and women in uniform would be prepared to engage in an intervention that might easily escalate. I also caution that American intervention against an Islamic regime might have high global security costs. For the sake of avoiding these negative consequences and harm to the people of Sudan, available nonviolent policy alternatives should be pursued. Still, I grant that the global community should intervene in Sudan if mass slaughter of civilians were to occur as a result of renewed hostilities between North and South Sudan. My objections to Lango and Patterson’s intervention proposal appeal to jus ad bellum principles as well as just military preparedness (jus ante bellum) principles. (shrink)

US military intervention and covert action is a significant contributor to global injustice. Discussion of this contributor to global injustice is relatively common in social justice movements. Yet it has been ignored by the global justice literature in political philosophy. This paper aims to fill this gap by introducing the topic into the global justice debate. While the global justice debate has focused on inter-national and supra-national institutions, I argue that an adequate analysis of US military and (...) covert action must focus on domestic institutions of the US. I describe many such institutions including industry lobbying, the ubiquity of US military bases abroad, US programs for training foreign militaries, secrecy of the intelligence and military agencies, pliant news media and government propaganda.<br>. (shrink)

Advances in medical capability should be accompanied by discussion of their ethical implications. In the military medical context there is a growing interest in developing prophylactic interventions that will mitigate the effects of trauma and improve survival. The ethics of this novel capability are currently unexplored. This paper describes the concept of trauma prophylaxis and outlines some of the ethical issues that need to be considered, including within concept development, research and implementation. Trauma prophylaxis can be divided into interventions (...) that do not and those that do have medical enhancement as an unintended side effect of their prophylactic action. We conclude that type 1 interventions have much in common with established military medical prophylaxis, and the potentially enhancing qualities of type 2 interventions raise different issues. We welcome further debate on both interventions. (shrink)

The purpose of this article is briefly to present a case for the principle of reparation as a new jus in bello principle for just humanitarian intervention. The article is divided into three sections. In “Restorative Justice and Civilian Protection”, I investigate the idea of restorative justice in order to consider whether or not it can complement the shortcomings of the just war tradition in civilian protection. In “The Legal Framework on Reparation: Its Scope and Limitations”, I examine the (...) scope of the law of armed conflict on reparatory measures in order to consider whether and how ideas of and measures for restorative justice might be incorporated in the jus in bello framework for military humanitarian intervention. In “The Issue of Civilian Victims: A Case for Reparation”, I explore the implications of reparatory measures for victims in order to suggest that these measures are not only beneficial to civilian victims but also imperative to be taken by the interveners if they undertake military intervention within the jus in bello framework and claim its moral justifiability. (shrink)

In the context of military medical care, Eisenstein and colleagues have introduced the notion ‘left of bang intervention in trauma’, which refers to interventions administered before trauma to reduce morbidity and mortality after injury. This paper responds to Eisenstein and colleagues’ ethical analysis of such interventions, highlighting the difficulty in distinguishing between purely prophylactic and enhancing interventions. This response also addresses legal issues that arise from left of bang interventions under human rights law and the law of armed (...) conflict, in particular the questions as to whether the consent of service members would need to be obtained and whether the adversary would as a consequence be authorised to resort to more injurious weapons. (shrink)

Argues that we are witnessing the development of a new norm of military intervention for humanitarian purposes in contemporary international society. Since the end of the Cold War, the United Nations Security Council has been more active in the realm of intervention, extending its Chapter VII powers into matters that had previously belonged to the domestic jurisdiction of states. Without the material power of Western states, this activism would not have been possible. However, a purely materialist explanation (...) for this development fails to consider the changed normative context within Western states that permitted, and in some cases encouraged, intervention. While normative evolution has occurred, it is also limited in its scope, specifically over the question of whether military intervention must have Security Council authorization. (shrink)

What significance does "ethics" have for the men and women serving in the military forces of nations around the world? What core values and moral principles collectively guide the members of this "military profession?" This book explains these essential moral foundations, along with "just war theory," international relations, and international law. The ethical foundations that define the "Profession of Arms" have developed over millennia from the shared moral values, unique role responsibilities, and occasional reflection by individual members the (...) profession on their own practices - eventually coming to serve as the basis for the "Law of Armed Conflict" itself.This book focuses upon the ordinary men and women around the world who wear a military uniform and are committed to the defense of their countries and their fellow citizens. It is about what they do, how they do it, what they think about it, how they behave when carrying out their activities, and how they are expected to behave, both on and off the battlefield - and what everyone needs to know about this. The book also examines how military personnel are treated and regarded by those whom they have sworn to defend and protect, as well as how they treat and regard one another within their respective services and organizational settings. Finally, the book discusses the transformations in military professionalism occasioned by new developments in armed conflict, ranging counterinsurgency warfare and humanitarian military intervention, to cyber conflict, military robotics, and private military contracting. From China to Russia, author George Lucas effectively sheds light on today's military ethics in existence throughout the world. What Everyone Needs to Know® is a registered trademark of Oxford University Press. (shrink)

Feminist care theorists Virginia Held and Joan Tronto have suggested that care is relevant to political issues concerning distant others and that care can provide the basis for a more comprehensive moral approach. I consider their approaches with regard to the policy issue of military humanitarian intervention, and raise concerns about exceptionalist attitudes toward international law that entail a collection of costs that I refer to as “the problem of global worldlessness.” I suggest that an ethic of care (...) can overcome these concerns, and offer an Arendt-inflected rereading of some of Tronto's work to show how this is possible. (shrink)

This presentation discusses why just war theory is in need of just military preparedness (jus ante bellum) as a new category of just war thinking and it articulates six principles of just military preparedness. The paper concludes that the United States fails to satisfy any of these principles and addresses how this bears on the application of jus ad bellum, jus in bello, and jus post bellum norms to possible future American military interventions.

Recent debates in just war theory have been concerned with the status of combatants during war. Unfortunately, however, the debate has, up to now, focused on self-defensive wars. The present article changes the focus slightly by exploring the status of combatants during military humanitarian intervention (MHI). It begins by arguing that MHI poses a number of challenges to our thinking about the status of combatants. To solve these it draws on Jeff McMahan's theory of combatant liability. On this (...) basis, the article contends that, first, combatants engaged in atrocities lack the same set of rights and liberties held by intervening combatants. Second, and more controversially, drawing on McMahan's theory as well as the notion of complicity, it suggests that the same applies to those combatants who do not perpetrate atrocities but are merely ordered to defend the target state against the intervening state. (shrink)

Assuming an international commitment to intervene in severe and urgent humanitarian emergencies, as expressed by the doctrine ‘The Responsibility to Protect’, I discuss two objections that the duty to intervene is nonetheless a duty that is easily limited by other moral considerations. One objection is that this duty will exceed the reasonable limits of any obligation given the high personal cost of intervention. The other objection is that any duty to intervene will be an imperfect duty, and therefore not (...) a duty that is ascribed to and demandable of any specific actor. I will argue that these objections do not undermine the principle of the responsibility to protect. (shrink)

However much one may wish for nonviolent solutions to the problems of unjust and unrestrained human violence that Glover explores in Humanity, some of those problems at present require violent responses. One cannot read his account of the Clinton administration’s campaign to sabotage efforts to stop the massacre in Rwanda in 1994 – a campaign motivated by fear that American involvement would cost American lives and therefore votes – without concluding that Glover himself believes that military intervention was (...) morally required in that case. Military intervention in another state that is intended to stop one group within that state from brutally persecuting or violating the human rights of members of another group is now known as “humanitarian intervention.” Those against whom the intervention is directed are almost always the government and its supporters, though this is not a necessary feature of humanitarian intervention. It is, however, a conceptual condition of humanitarian intervention that it does not occur at the request or with the consent of the government. The use of force within another state with the consent of the government counts as assistance rather than intervention. The principal reason that humanitarian intervention is contentious is that it seems to violate the target state’s sovereign right to control its own domestic affairs. Because humanitarian intervention is a response to human rights violations within the target state, it is regarded as altogether different from wars of defense against aggression. Indeed, since aggression is normally understood to be war against a state that.. (shrink)

International law makes it explicit that states shall not intervene militarily or otherwise in the affairs of other states; it is a central principle of the charter of the United Nations. But international law also provides an exception; when a conflict within a state poses a threat to international peace, military intervention by the UN may be warranted. (Indeed, the UN Charter provides for an international police force, though nothing has ever come of this provision). The Charter and (...) other UN documents also assert that human rights are to be protected — but in the past the responsibility for the protection of human rights has for the most part been allowed to rest on the government of the state where the violation of rights occurs. Not surprisingly in this context, the question of what protection (if any) should be provided by the UN or otherwise to individuals when their human rights are violated by their governments or with the complicity of their governments remains a contentious issue. Should the principle of respect for state sovereignty trump the principle of respect for human rights? Historically it has been allowed to do so, but recently it has been more and more widely argued that when states fail to respect the human rights of their citizens (or of others who reside within their boundaries), they may be held accountable for their actions. Is military humanitarian intervention justifiable? And if so, under what circumstances? Those are the questions addressed in this collection of essays. The focus of the volume is on the abstract principles involved; though reference is sometimes made to specific cases, the essays here consist primarily of philosophical reflection on the abstract issues. (A companion volume on the specific issues surrounding a particular case, Lessons of Kosovo, is being published simultaneously.). (shrink)

International law makes it explicit that states shall not intervene militarily or otherwise in the affairs of other states; it is a central principle of the charter of the United Nations. But international law also provides an exception; when a conflict within a state poses a threat to international peace, military intervention by the UN may be warranted.. The Charter and other UN documents also assert that human rights are to be protected — but in the past the (...) responsibility for the protection of human rights has for the most part been allowed to rest on the government of the state where the violation of rights occurs. Not surprisingly in this context, the question of what protection should be provided by the UN or otherwise to individuals when their human rights are violated by their governments or with the complicity of their governments remains a contentious issue. Should the principle of respect for state sovereignty trump the principle of respect for human rights? Historically it has been allowed to do so, but recently it has been more and more widely argued that when states fail to respect the human rights of their citizens, they may be held accountable for their actions. Is military humanitarian intervention justifiable? And if so, under what circumstances? Those are the questions addressed in this collection of essays. The focus of the volume is on the abstract principles involved; though reference is sometimes made to specific cases, the essays here consist primarily of philosophical reflection on the abstract issues. (shrink)

The possibility of using private military and security companies to bolster the capacity to undertake intervention for human rights purposes has been increasingly debated. The focus of such discussions has, however, largely been on practical issues and the contingent problems posed by private force. By contrast, this article considers the principled case for privatising humanitarian intervention. It focuses on two central issues. First, does outsourcing humanitarian intervention to private military and security companies pose some fundamental, (...) deeper problems in this context, such as an abdication of a state's duties? Second, on the other hand, is there a case for preferring these firms to other, state-based agents of humanitarian intervention? For instance, given a state's duties to their own military personnel, should the use of private military and security contractors be preferred to regular soldiers for humanitarian intervention? (shrink)

American and international involvement in war-torn regions such as Bosnia and Somalia has come under increasing scrutiny by politicians and scholars. Here, two distinguished philosophers debate military intervention from just-war and pacifist perspectives. Describing the range of values and issues facing governments as they consider intervening in the affairs of other nations, each scholar makes his case and then responds to the opposing argument.

In the ‘Justice Cascade’, Kathryn Sikkink argues that “foreign prosecutions and international tribunals can be cost-effective alternatives to military intervention.” Yet, the successes of the Special Court for Sierra Leone—in prosecuting former Liberian President Charles Taylor and in imposing accountability on the leaders of all armed groups regardless of political alignment—were dependent on a commitment by Western powers and international and regional organizations to a military victory against the rebels in Sierra Leone and coercive regime change in (...) Liberia. The lesson that should be drawn from this case—which parallels that of other international tribunals set up during ongoing violence—is that the prospects for international criminal justice during civil wars are dependent on the political strategies adopted by outsiders to address the conflict and that taking criminal accountability seriously requires an interventionist rather than a consent-based approach to conflict resolution. (shrink)

This book introduces the field of hermeneutics through a critique of military operations in Afghanistan. Following a brief survey of modern political history of the country, the authors examine the link between cultural factors and the inefficiency of nation-building operations. Additionally, the project discusses contending academic approaches to culture, and identifies shortcomings in their theoretical propositions for military operations in failed states. Ultimately, this volume contextualizes the evolution of hermeneutical thinking and the benefits it provides in assessing the (...) transformation of culture through military intervention. (shrink)

abstract Apparently, there are some important tensions that must be confronted in grappling with the issue of the permissibility of humanitarian intervention. Notably, there is the tension between respecting sovereignty and responding to the plight of the needy, that is, there is tension between respecting governments’ authority and desire for non‐interference, and respecting the individuals who suffer under their leadership. I argue that these and other tensions should be resolved in favour of protecting the individuals who suffer in humanitarian (...) crises, though the way to do this defensibly requires that we put in place many safeguards against abuse. My main theoretical argument emerges from a model of global justice that I develop. I then examine recent reports on intervention and state sovereignty compiled by an inter‐national commission in order to show that consensus is building about the permissibility of military intervention to protect fundamental human rights for vulnerable populations in certain cases. Some important public policy proposals are evolving in the direction of protecting individuals over states, but there are still some important gaps that remain between what is theoretically desirable and proposals about international law. I show where some of those gaps are and how we can close them. (shrink)

The United States Department of Defense has, for at least 20 years, held the stated intention to enhance active military personnel (“warfighters”). This intention has become more acute in the face of dropping recruitment, an aging fighting force, and emerging strategic challenges. However, developing and testing enhancements is clouded by the ethically contested status of enhancements, the long history of abuse by military medical researchers, and new legislation in the guise of “health security” that has enabled the Department (...) of Defense to apply medical interventions without appropriate oversight. This paper aims to reconcile existing legal and regulatory frameworks on military biomedical research with ethical concerns about military enhancements. In what follows, we first outline one justification for military enhancements. The authors then briefly address existing definitional issues over what constitutes enhancement before addressing existing research ethics regulations governing military biomedical research. Next, they argue that two common justifications for rapid military innovation in science and technology, including enhancement, fail. These justifications are (a) to satisfy a compelling military need and (b) strategic dominance. The authors then turn to an objection that turns on the idea that we need not have these justifications if warfighters are willing to adopt enhancement, and argue that laissez-faire approaches to enhancement fail in the context of the military due to pressing and historically significant concerns about coercion and exploitation. The paper concludes with what is referred to as the “least-worst” justification: Given the rise of untested enhancements in civilian and military life, we have good reason to validate potential enhancements even if they do not satisfy reasons (a) or (b) above. (shrink)

ABSTRACTThis paper explores the international implications of liberal theories which extend justice to sentient animals. In particular, it asks whether they imply that coercive military intervention in a state by external agents to prevent, halt or minimise violations of basic animal rights can be justified. In so doing, it employs Simon Caney's theory of humanitarian intervention and applies it to non-human animals. It argues that while humane intervention can be justified in principle using Caney's assumptions, justifying (...) any particular intervention on behalf of animals is much more difficult – and in present circumstances impossible. If these claims are correct, a number of important conclusions follow. First, all states lack legitimacy because of the horrors that they inflict upon animals. As a result of this, all states are prima facie liable to intervention by external agents. To remedy this situation, all states have the responsibility to massively transform their relationsh... (shrink)

ABSTRACTSome suggest that the duty of humanitarian intervention should be discharged by states that are historically responsible for the occurrence of violence. A fundamental problem with this suggestion is that historically responsible states might be ill-suited to intervene because they are unlikely to enjoy support from the local population. Cécile Fabre has suggested a way around that problem, arguing that responsible states ought to pay for humanitarian interventions even though they ought not to take part in the military (...) operations. We claim that Fabre’s idea is subject to two concerns. First, the duty to perform might not be appropriately transferrable from the historically responsible state to another state because it would allow the primary duty bearer to escape the worst costs of intervention. Second, an intervention might be as unlikely to generate local support when a historically responsible state pays for an intervention as when it performs it. These problems are enough to cast doubt on Fabr... (shrink)

Contemporary international law separates the international justice of war from the domestic justice of society, but empirically, there is a correlation between democratic governance and military effectiveness, which could have a number of causes. A contemporary reconstruction from _The Seven Military Classics_ of Chinese military philosophy offers potential lessons for how domestic virtues may yield military and geopolitical victory. This chapter reconstructs arguments from the seven treatises into a collective an amalgamated conception of “good governance” that (...) weaves together military strategy and virtue ethics and maintains that good governance at home actually wins wars abroad. A reconstructed classical Chinese conception of “good governance” presents theoretical and ethical challenges, but also offers viable justicial content for contemporary jus ad bellum considerations beyond sovereign self-defense or human rights. It presents a way of instantiating the sprawling conception of human rights that falls short in contemporary discourse. (shrink)