Contesting Illegality : a Critical Examination of the Unlawfulness of Humanitarian Interventions

Abstract: This thesis aims to critically examine the unlawfulness of humanitarian interventions. It does so by theoretically adopting a legal positivist perspective, combined with a teleological approach. The thesis examines in detail the provisions of the Articles in the UN Charter relating to the prohibition of the use of force. Furthermore, it scrutinizes the central concept of sovereignty and provides an alternative comprehension of it, in which sovereignty is understood as the right of the citizen over the state. Humanitarian interventions are then discussed in order to illuminate the main arguments of the debate. Humanitarian and legal aspects are the central topics in this discussion. A case study, examining the Vietnamese intervention in Cambodia 1978-1979, is then provided to capture the arguments in a comprehensive and accessible manner. The conclusion suggests that international law regarding the prohibition on the use of force is not potent enough to undermine the legitimacy of humanitarian interventions.