Suchergebnisse

Examines whether NATO's military intervention in Kosovo was justified, considering the legitimacy of the action from legal & just war perspectives. At issue is whether humanitarianism trumps international law compliance. The case is scrutinized in terms of the intervention's legality under the UN Charter, human rights law, & humanitarian law, finding NATO in violation thereof. Next, just war theory is applied to the case, addressing just cause & just strategy. It is argued that the humanitarian imperative outweighed international law to justify NATO's military intervention; however, the air campaign is deemed an illegitimate means to that end. In this light, the implications of this precedent are scrutinized via legal & just war analyses of Operation Iraqi Freedom. The Iraqi intervention is also seen to be in violation of the UN Charter & international law &, together with NATO's action, threatens to undermine the international rule of law. It is concluded that new international norms governing humanitarian intervention are required; a suggested framework for this centers on evidence & notice, exhaustion of alternatives, a UN role, & regional action. A call is then made for the Security Council to adapt its procedures to retain credibility. J. Zendejas