ABSTRACT

Vladimir Kartashkin supports the right of the UN Security Council to authorize resort to force for the protection of human rights as a substitute for unilateral humanitarian intervention. The protection of human rights is one of the purposes of the United Nations, but the powers of the Security Council under Article 39 are not co-extensive with these purposes. Tom Farer discusses humanitarian intervention in terms of the doctrinal controversy between what he calls the classical school and the realist school. Professors Yoram Dinstein, Henkin, Schachter, and others persuasively argue that humanitarian intervention in favor of persons who are not citizens of the intervening country can be reconciled with neither Article 2(4) of the Charter nor with the practice and opinio juris of most states. Nevertheless, there is a basis for resorting to humanitarian intervention in truly exceptional circumstances where there is a real international consensus.