An Appraisal of Humanitarian Intervention under International Law

Abstract

Humanitarian intervention is a controversial concept in international law. It is not provided for by the United Nations Charter as it neither constitutes a legitimate use of force authorized by the United Nations Security Council (UNSC) nor the use of force in self-defence. Article 2(4) of the United Nations Charter clearly prohibits the threat or use of force against the territorial integrity or political independence of any state1. However, since the creation of the United Nations Organization in 1945, there have been many instances of intervention on humanitarian grounds and the practice has vigorously resurged after the cold war2. In this article, we shall consider the meaning of humanitarian intervention as well as the legal basis of the doctrine. We shall also review some cases of humanitarian intervention so as to ascertain whether or not there is presently a right to humanitarian intervention in international law and finally make suggestion for the future of the doctrine.