Suchergebnisse

The dissertation asks whether the NATO-intervention in the Kosovo-crisis in 1999 can be described as a just intervention. It is divided in a theoretical analysis and a practical application. The political analysis is supported by a philosophical investigation: the approach of transcendental pragmatism provides a solid grounding of the political and moral judgements. The first theoretical part tests three positions concerning the problem of intervention: realism, pacifism and the just war doctrine. These positions are related to the claim of transcendental pragmatism that a position should be ultimately grounded in so far as it is impossible to doubt it without falling into a performative self-contradiction. The just war doctrine is the only position which can pass such a test. Therefore, the investigation tries to transform it to a theory of just intervention. The fundamental thesis of this theory implies that interventions are justified, if they have a positive effect on the human rights situation. The second political part applies the criteria of the developed just intervention theory (just cause, right intention, possibility of success, last resort, proper authority and proportionality) to NATO's Kosovo intervention. This intervention had a positive effect on the human rights situation, but violated important aspects of the above mentioned criteria. This applies especially to the aspect of proper authority: it was tried to justify the intervention with regard to the future development of international law, but the NATO operation damaged existing institution of current international law (for example the United Nations). The final judgement of the dissertation states that NATO's operation in Kosovo was better than the agony of past crises, but much too less grounded by a convincing conception of future world order. The intervention created both, the risk of loosing already achieved progresses concerning international law and the chance to implement for the first time in history a world order with human rights ...