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Golden Gate University School of Law

International Law

Humanitarian intervention

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Full-Text Articles in Law

Humanitarian Intervention In A Post-Iraq, Post-Darfur World: Is There Now A Duty To Prevent Genocide Even Without Security Council Approval?, Sarah Mazzochi Sep 2011

Humanitarian Intervention In A Post-Iraq, Post-Darfur World: Is There Now A Duty To Prevent Genocide Even Without Security Council Approval?, Sarah Mazzochi

Annual Survey of International & Comparative Law

Is there now a right to unilateral humanitarian intervention in a post-Iraq, post-Darfur world? This Article seeks to answer that question.

Part I will address the background and historical evolution of unilateral humanitarian intervention as well as give examples of state action or inaction in cases of genocide. Part I will also give the legal framework for the U.N. Genocide Convention. Part II will discuss the law of humanitarian intervention as it is commonly accepted today. Part III will point to the future and argue that the law of humanitarian intervention should be, going forward, a jus cogens norm. Part …


Legal Aspects Of Humanitarian Intervention In International Practice: A Survey Of Evolving Norms, Mohamed Makkawi Jan 2005

Legal Aspects Of Humanitarian Intervention In International Practice: A Survey Of Evolving Norms, Mohamed Makkawi

Theses and Dissertations

The concept of intervention for humanitarian reasons has long been a controversial matter in international law and relations. The traditional concept of humanitarian intervention coupled with the use of armed force can be traced back to ancient times, but the opinions of scholars, politicians, diplomats, legal literature and state practice still disagree on its existence and application. On the one hand, some say that intervention for humanitarian reasons cannot be legal, justifiable or permissible. On the other hand, there is growing international concern for the protection of human rights and the right to intervene towards these ends; and for some, …