In Defence of the Legitimacy of Humanitarian Intervention

Aulia R. Kushardini , Muhadi Sugiono

2015 | Skripsi | Ilmu Hubungan Internasional

Conclusions The aim of this thesis has been to argue for the legitimacy of humanitarian intervention. It is understood that legitimacy is the justifiable right to use power; legitimacy in the context of humanitarian intervention implies that the military operation launched by states or international organizations to alleviate or end a humanitarian emergency in a territory outside its actual jurisdiction is justified. To achieve its aim, this thesis dedicates its second chapter to dissect the moral justifications for humanitarian intervention, which involves confirming the existence of basic individual rights – and its precedence over state sovereignty. The chapter also counters objections to humanitarian intervention from moral, political, and legal perspectives. The chapter argues that these objections do not undermine the case for the legitimacy of humanitarian intervention. This thesis then moves to offer the criteria of a legitimate humanitarian intervention based on certain principles of just war. The criteria are right authority, just cause, right intention, reasonable hope, the success of the mission (in an ex-post judgment of humanitarian intervention), and proportionality. Last resort, a commonly hailed principle in the just war tradition, is excluded for it will not necessarily suit the conditions of grave humanitarian emergencies, which often demand a quick reaction on the part of the intervener. 111 The 1999 INTERFET‘s operation in East Timor has been found to fulfill all the criteria for a legitimate humanitarian intervention. INTERFET also offers an important lesson for future interveners whose operations take form in multinational forces: the leading nations cannot assume that other countries will share their burden or be willing to contribute to the force without the leading nations‘ underwriting the force‘s financial resources. The interveners must also be prepared to take the risk of falling soldiers, since deploying ground troops is the method of war that can best satisfy the proportionality principle of a legitimate humanitarian intervention.

Kata Kunci : Ilmu Politik; Filsafat