The Legitimacy of Humanitarian Interventions
R. Janse
According tomany international lawyers, humanitarian interventions without authorization by the UN Security Council are unlawful, but are sometimes morally justified. This discrepancy between legality and legitimacy has led to proposals for making international law more congruent withmorality. This article examines the legitimacy of humanitarian interventions by discussing themajor justifications by Walzer, Rawls, and Teso´ n. It argues that these justifications are open-ended: they fail to show that intervention should be limited to cases of violation of basic human rights, and do not categorically rule out intervention in the name of liberal and democratic rights. This is one more reason for being cautious with attempts to establish a law of humanitarian intervention.
Leiden Journal of International Law
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humanitarian intervention Social Sciences 100%
legitimacy Social Sciences 61%
cases of violation Social Sciences 42%
basic human rights Social Sciences 34%
UN Security Council Social Sciences 32%
legality Social Sciences 27%
authorization Social Sciences 26%
lawyer Social Sciences 23%
De legitimiteit van humanitaire interventies: Preadvies Vereniging voor Wijsbegeerte van het Recht, vergadering van 18 juni 2004
Janse, R., 2004, In: Netherlands Journal of Legal Philosophy. 2004, 2, p. 134-158 25 p.
cases of violation 100%
humanitarian intervention 78%
legitimacy 47%
authorization 41%
basic human rights 26%
Janse, R. (2006). The Legitimacy of Humanitarian Interventions. Leiden Journal of International Law, 19(3), 669-692.
Janse, R. / The Legitimacy of Humanitarian Interventions. In: Leiden Journal of International Law. 2006 ; Vol. 19, No. 3. pp. 669-692.
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abstract = "According tomany international lawyers, humanitarian interventions without authorization by the UN Security Council are unlawful, but are sometimes morally justified. This discrepancy between legality and legitimacy has led to proposals for making international law more congruent withmorality. This article examines the legitimacy of humanitarian interventions by discussing themajor justifications by Walzer, Rawls, and Teso´ n. It argues that these justifications are open-ended: they fail to show that intervention should be limited to cases of violation of basic human rights, and do not categorically rule out intervention in the name of liberal and democratic rights. This is one more reason for being cautious with attempts to establish a law of humanitarian intervention.",
author = "R. Janse",
journal = "Leiden Journal of International Law",
Janse, R 2006, 'The Legitimacy of Humanitarian Interventions', Leiden Journal of International Law, vol. 19, no. 3, pp. 669-692.
The Legitimacy of Humanitarian Interventions. / Janse, R.
In: Leiden Journal of International Law, Vol. 19, No. 3, 2006, p. 669-692.
T1 - The Legitimacy of Humanitarian Interventions
AU - Janse, R.
N2 - According tomany international lawyers, humanitarian interventions without authorization by the UN Security Council are unlawful, but are sometimes morally justified. This discrepancy between legality and legitimacy has led to proposals for making international law more congruent withmorality. This article examines the legitimacy of humanitarian interventions by discussing themajor justifications by Walzer, Rawls, and Teso´ n. It argues that these justifications are open-ended: they fail to show that intervention should be limited to cases of violation of basic human rights, and do not categorically rule out intervention in the name of liberal and democratic rights. This is one more reason for being cautious with attempts to establish a law of humanitarian intervention.
AB - According tomany international lawyers, humanitarian interventions without authorization by the UN Security Council are unlawful, but are sometimes morally justified. This discrepancy between legality and legitimacy has led to proposals for making international law more congruent withmorality. This article examines the legitimacy of humanitarian interventions by discussing themajor justifications by Walzer, Rawls, and Teso´ n. It argues that these justifications are open-ended: they fail to show that intervention should be limited to cases of violation of basic human rights, and do not categorically rule out intervention in the name of liberal and democratic rights. This is one more reason for being cautious with attempts to establish a law of humanitarian intervention.
JO - Leiden Journal of International Law
JF - Leiden Journal of International Law
Janse R. The Legitimacy of Humanitarian Interventions. Leiden Journal of International Law. 2006;19(3):669-692.