Unilateral Humanitarian Intervention and International Law

Resumo

This article seeks to engage with the current debate over the legitimacy of humanitarian intervention by focusing on the legal and moral challenge posed by unilateral action in the society of states. In particular, the author examines Hedley Bull’s tentative suggestion that if unilateral intervention expresses “the collective will of the society of states”, it need not pose a threat to the ordering principles of international society. To build upon Bull’s insight, it is necessary to consider what would constitute such an expression of “collective will” on the part of the society of states. Is UN authority a sine qua non of “collective will” or are there other sites of legitimation possible anchored in the global public sphere? Overshadowing any discussion of the role of the UN in humanitarian intervention is the place of the veto accorded the permanent members of the Security Council. Is it time to revisit the legitimacy of veto power and to establish some restraints on its use in cases of humanitarian emergency? These are the questions addressed by the article.