ABSTRACT

This chapter addresses the relationship between military intervention for humanitarian purposes and international law; and how the notion of human rights is often used to justify cross-border military intervention. It discusses the question of whether human rights have a basis in law. Humanitarian law has become a complicated set of rules dealing with a variety of legal issues. The legal issues surrounding the use of forcible interventionist strategies are more complex and more challenging than non-coercive, non-forcible means of delivering humanitarian assistance. Military intervention for humanitarian purposes must conform to the requirements of international law, which means that there are a number of legal and quasi-legal restraints on how such a campaign is conducted. A great deal of confusion exists regarding exactly what international law, humanitarian law, and human rights are; and what these types of laws and conventions are supposed to regulate. Many humanitarians and others who are concerned about human rights abuses will challenge some of these assumptions.