Original scientific paper
On the concepts of humanitarian intervention and preventive self-defence
Boris Krivokapić
; Institute for Comparative Law, Beograd, Serbia
Abstract
Two particular concepts emerged which should present legal grounds for new approaches of the superpowers. These are: 1) the concept of humanitarian intervention and 2) a new approach to self-defence, as an exception to the prohibition of the use of force. Such concepts cannot be accepted particularly because they oppose to the basic principles of contemporary international law. How can we react then to severe human sufferings, i.e. in situations where peace and security are at stake? Well, it is understood – through the United Nations! They are created for it. Until other solutions emerge (for instance, for the transformation of the international community into a superstate), reactions can only be multilateral – through the Security Council. Even then the solution should be sought primarily in the non-military measures, and especially in the collective states' actions.
Keywords
use of force; humanitarian intervention; preventive self defence (use of force); effective international law; UN Security Council
Hrčak ID:
35587
URI
Publication date:
16.4.2008.
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