12581. Armed Conflict and the Protection of Populations: The Debate over Humanitarian Intervention, Using Armed Force, and the Idea of Sovereignty
- Author:
- James Turner Johnson
- Publication Date:
- 09-2021
- Content Type:
- Journal Article
- Journal:
- Brown Journal of World Affairs
- Institution:
- Brown Journal of World Affairs
- Abstract:
- This paper examines the development of the idea of humanitarian in- tervention and its implications for state sovereignty. It begins with a moral discussion of intervention from the rediscovery of the just war theory in the 1960s and 1970s, extends through public debates about intervention to protect fundamental human rights during armed conflicts over succeed- ing decades, and includes the production of the global commitment of the “Responsibility to Protect” and its treatment in the Outcome document of the 2005 UN World Summit. The article notes that two competing ideas of sovereignty have been recurrent themes in humanitarian intervention debates. One idea, expressed in Article 2 of the UN Charter, defines sovereignty in terms of the inviolability of state territory. The other, surfacing in human rights law and in moral debates in the public sphere, defines sovereignty in terms of the responsibility of states and the world order to protect funda- mental human rights domestically and internationally. This paper identifies the deep historical roots of both conceptions and their mutual, but different, connections to the idea of natural law, as well as their different implications regarding the roles of states, regional organizations, and the UN. It concludes by noting that while the 2005 Summit reaffirmed the former conception of sovereignty, it also acknowledged the latter as a domestic obligation of states, though one in which the international community also has an interest.
- Topic:
- Sovereignty, Humanitarian Intervention, Armed Conflict, and Protection
- Political Geography:
- Global Focus