Interpreting Intervention
In: The Canadian yearbook of international law: Annuaire canadien de droit international, Band 39, S. 333-369
ISSN: 1925-0169
SummaryThe author considers whether humanitarian intervention can be justified even without express Security Council authorization. Starting with the statement of former Canadian Minister of Foreign Affairs Lloyd Axworthy that Canada intervened in Kosovo knowing that it did not have full legal justification, but feeling that such intervention was nevertheless morally justified, the author explores whether there is an evolving acceptance that explicit Security Council authorization is not necessary. He argues that an evolving reinterpretation of the Charter is appropriate such that, while Security Council authorization remains necessary for humanitarian intervention, there has to be flexibility in determining what constitutes authorization. In this respect, it would be important for a General Assembly declaration on legitimate humanitarian intervention to be in place in order to provide a baseline for interpreting a given Security Council resolution.