1 Abstract Humanitarian intervention is one of the most contentious issues of contemporary international politics. The roots of the concept of humanitarian intervention can be traced back to the just war theory. Having examined the practice of states, I lean towards the opinion that the international custom legalizing humanitarian intervention has not fully crystallized. Although the realist school comes up with a few very convincing points, I think that the Charter of the United Nations, as it stands now, does not allow to carry out a humanitarian intervention. The International Court of Justice case law does not consider humanitarian intervention legal. The concept of human security became one of the fundamental sources of legitimization of the Responsibility to Protect doctrine. It also served as one of the principles, upon which the International Commission on Intervention and State Sovereignty had built the doctrine of The Responsibility to Protect. The principles of the Responsibility to Protect doctrine were passed by the UN General Assembly at the 2005 World Summit. A year later, these principles were referred to in a Security Council resolution on the protection of civilians in armed conflict. Although the United Nations General Assembly resolutions are not legally binding, their come from the fact...

Diploma thesis Relation between the concepts of humanitarian intervention and regime change: the case of Libya is concerned with the study of military interventions after 1989 in the context of current theoretical discourse. It's main goal is assessing the 2011 NATO operation Unified Protector. The key question of thesis is, whether the intervention, due to the extensive reading of UNSC Resolution 1973, mandate still can be described in the terms of humanitarian intervention concept (in accordance with international law paradigm of R2P), or whether it rather had been a regime change. Based on primary data analysis, the paper shows that actors (most significantly the USA, France and Great Britain) contributing with a theoretically impartial military force, despite the immediate positive humanitarian outcome, helped significantly to overthrow the regime of Muammar Gaddafi. Due to the specifics of the operation, it can rather be described as a hidden regime change - a definition is also offered in the thesis. Based on the theoretical framework created by Michael Reisman, the author also assesses legitimacy of such deeds. The text is divided into three main chapters. Chapter one gives an account of broader context of just war theories, humanitarian intervention and regime change concepts. In the second...

Les difficultés psychologiques sont parfois difficiles à évaluer au cours d'une consultation médicale par un non professionnel (psychologue, psychiatre). Ceci est d'autant plus vrai dans le cas particulier des jeunes enfants lors d'interventions humanitaires, ce qui conduit souvent à une réponse insuffisante aux besoins de soins psychiques. Le manque d'outils validés de manière transculturelle qui répondent aux exigences d'intervention, rapide et simple pour identifier les besoins combinés à un manque de professionnels impliquent des difficultés voire l'impossibilité de mettre en place les prises charges adéquates. Dans ce travail, nous avons réalisé la validation transculturelle d'un outil de dépistage des difficultés psychologiques en contexte humanitaire destiné aux enfants âgés de 3 à 6 ans, le PSYCa 3-6 (Psychological Screening tool for Young Children aged 3 to 6). Cet outil a été initialement créé et développé en 1999 lors d'une intervention humanitaire, son contenu a été affiné et modifié au fur et à mesure de son utilisation. La validation principale a eu lieu au Niger, et deux validations complémentaires ont été mises en place en Colombie et au Kenya. Au total, 888 enfants âgés de 3 à 6 ans ont été inclus entre Octobre 2009 et Février 2012. Une recherche qualitative a été mise en place en amont de la validation pour collecter des informations concernant la perception des difficultés psychologiques localement au Niger. La recherche quantitative s'est intéressée aux qualités psychométriques et cliniques de l'outil. Les trois versions haoussa, espagnole et swahili ont montré des qualités psychométriques et cliniques adéquates incluant une bonne validité concurrente, les scores obtenus à l'outil étant corrélés au gold standard. La recherche qualitative a permis d'affiner et de renforcer les résultats. A notre connaissance, il s'agit de la première validation d'un outil de dépistage pour des enfants d'âge préscolaire incluant un volet transculturel pour usage dans des contextes humanitaires variés. De tels outils validés pour des contextes différents sont indispensables pour promouvoir l'accès aux soins psychiques pour les enfants, souvent non prioritaires dans ces interventions. / Psychological difficulties are sometimes difficult to assess during a medical consultation by a non-specialist (psychologist, psychiatrist). This is especially the case when it comes to young children, in humanitarian intervention contexts, entailing an insufficient answer to the needs of mental health care. The lack of cross culturally validated tools that meet the requirement of such intervention, fast and simple to identify the needs combined with a lack of professional involve difficulties even impossibility of implementing appropriate care. In this study, we implemented a cross cultural validation of a screening tool for psychological difficulties in humanitarian context for children aged 3 to 6 years old, the PSYCa 3-6 (Psychological Screening tool for Young Children aged 3 to 6 years old). This tool was originally created and developed during a humanitarian intervention; its content has been refined and modified along its use. The main validation took place in Niger, and two additional validations have been implemented in Colombia and Kenya. In total, 888 children aged 3 to 6 years were recruited between October 2009 and February 2012. Qualitative research has been also implemented to collect information regarding the local perception of psychological difficulties, prior to the validation. Quantitative research has focused on the psychometric and clinical properties of the tool. The three versions, Hausa, Spanish and Swahili showed adequate psychometric and clinical qualities including a good concurrent validity, scores being correlated with the gold standard. Qualitative research was used to refine and to strengthen the results. To our knowledge, this is the first validation of a screening tool for preschool children including a cross cultural component for use in several humanitarian contexts. Such tools, cross culturally validated in several contexts, are a key component to promote access to mental health care for children, often not on the list of priorities during the interventions.

<p>In this thesis I argue that it is an implication of the acceptance of the human right to water and the Responsibility to Protect (R2P) that violations of the human right to water can invoke the Responsibility to Protect. Extreme violations of the right to water can invoke the responsibility to react, and ultimately the responsibility to prevent and rebuild. Although this is the case, I argue that the human right to water is unlikely to invoke R2P on its own. Instead, water issues are more likely to compound with issues of poverty, weak political institutions, poor leadership and social tension to create situations that have the potential for mass atrocity. Furthermore, I provide an analysis of the actions that will need to be taken before, during and after an intervention to fulfill the responsibilities to prevent, react and rebuild and the actors that can and/or should take such action.</p> / Master of Arts (MA)

The “Responsibility to Protect” (R2P) doctrine was created with the purpose of providing an implementation mechanism for the international community to halt and prevent mass atrocity conflicts, however, it is not a legally binding framework, and requires the UNSC’s engagement for its successful implementation. Whilst R2P is a rhetorically compelling international norm, it falls apart in practice. The lack of consistency in its implementation and the UNSC’s inaction to various cases of mass atrocity, which are, in principle, applicable to the doctrine, has sparked controversy. This thesis examines conflicts in which R2P has been utilized and one conflict of similar dimensions in which the principle wasn’t applied, discussing the factors that could explain the question ‘why has the application of R2P been inconsistent at halting atrocity conflicts?’. By juxtaposing two theoretical lenses, Realism and English School, and applying a comparative analysis to these three cases, the thesis establishes that state behavior is driven by preserving power and resources, when it converges with upholding international norms and values. Thus, the thesis concludes that members of the Security Council will support R2P implementation and uphold shared norms and values, only when it serves their national interests.

This study draws on the theories of pluralism and solidarism from the English School to analyze the approaches of Security Council members towards the Responsibility to Protect (R2P) in Libya and Syria. Using Stephen Toulmin's model of argumentation analysis, the study also provides a normative critique of these arguments. The study illuminates the divergent positions taken by the permanent members of the UN Security Council in the context of R2P during the crises in Syria and Libya. The analysis uncovers two starkly different approaches. On one side, representatives from Great Britain, France, and the United States advocate for the protection of human rights, democracy, and freedom. On the other side, representatives from Russia and China prioritize state sovereignty and the maintenance of order and stability. This stark contrast underscores the complexity and challenges inherent in implementing R2P. The study also highlights the concrete arguments and approaches taken by the Security Council’s permanent members. This provides a detailed understanding of how these differences manifest in practice and how they affect decision-making in the Security Council.  Based on the normative analysis, The study found that the normative frameworks of pluralism and solidarism offer distinct perspectives on human rights and state sovereignty, influencing the strength of the permanent members' arguments. Pluralism emphasizes state sovereignty and non-intervention, showing skepticism towards R2P, while solidarism highlights the protection of human rights and supports international interventions, aligning with R2P principles. In practice, examples like Libya and Syria have demonstrated the complexity and challenges of implementing R2P. In the case of Libya, NATO's intervention led to significant loss of life and destabilization, questioning the legitimacy and effectiveness of the actions. This situation has underscored the difficulty of balancing the protection of human rights with respect for state sovereignty. The integration of Responsibility While Protecting is proposed in R2P's third pillar to ensure responsible and effective humanitarian interventions.

The aim of this thesis is to discuss the concepts of humanitarian intervention and the responsibility to protect (R2P), and; to investigate how best to apply the concepts in the face of humanitarian crises, in order to address concerns about their implementation. The failure of the Security Council to react to grave human rights abuses committed in the humanitarian crises of the 1990s, including Iraq (1991), Somalia (1992), Rwanda (1994), Bosnia (1993-1995) Haiti (1994-1997), and Kosovo (1999),triggered international debatesabout: how the international community should react when the fundamental human rights of populations are grossly and systematically violated within the boundaries of sovereign states, and; the need for a reappraisal of armed humanitarian intervention. Central to the debate was whether the international community should continue to adhere unconditionally to the principle of non-intervention enshrined in Article 2(7) of the UN Charter, or take a different course in the interest of human rights. The debate culminated in the establishment of the Canadian International Commission on Intervention and State Sovereignty (ICISS) in 2000, with the mandate to find a balance between respect for sovereignty and intervention, for purposes of protecting human rights. Much of the scholarly literature on military intervention for human protection purposes deals with the legality and legitimacy of the military dimension of the concepts. The significance of the thesis is that: it focusesthe investigation on the potential abuse of the use of force for human protection purposes, when moral arguments are used to justify an intervention that is primarily motivated by the interests of the intervener, and; the propensity to use disproportionate force in the attainment of the stated objective of human protection, by powerful intervening states. The central argument of the thesis is that there are double standards, selectivity, abuses, andindiscriminate and disproportionate use of force in the implementation of R2P by powerful countries, and; that, whether a military intervention is unilateral, or sanctioned by the UN Security Council, there is the potential for abuse, and in addition, disproportionate force may be used.The thesis makes recommendations to address these concerns, in order to ensure the survival of the concept. / Public, Constitutional and International Law / LL.D.

The emergence of regional security organisations during the 1990s in Africa proved to be of great significance for the lives of many Africans, including those living in conflict-torn countries such as Liberia, Sierra Leone, Côte d’Ivoire or the Democratic Republic of Congo, but, at the same time, this phenomenon has been understudied. This dissertation explores why regional security organisations with an agenda of democratic governance emerged in Africa in the 1990s. This question is answered with two in-depth case studies on the Economic Community of West African States (ECOWAS) and the Southern African Development Community (SADC). Driven by an empirical puzzle, this study is both hypothesis-testing and hypothesis generating. The study starts by laying out the different possible factors put forward by several bodies of theory in international relations to explain the emergence of ECOWAS and SADC as security organisations. These hypotheses are then tested throughout the history and the evolution of ECOWAS and SADC in order to highlight the circumstances of their creation and their qualified failure as economic communities. This is followed by a comparative analysis of the security and democracy mandates entrusted to ECOWAS and SADC by its member states based on the study of the legal texts that outline the specific objectives of each regional security organisation and the tools they were given to implement their mandates. The study finally analyses the implementation records of ECOWAS and SADC in order to assess the commitment of their member states to their new democracy and security mandate. The research concludes with the two following hypotheses: 1) A security agenda cannot emerge without the involvement of the regional hegemon. 2) What the regional hegemon can do, including affecting the speed of the transformation, is constrained by the acceptance of its leadership by its neighbours (legitimacy) and by state weakness (capability).

Made available in DSpace on 2016-04-26T14:57:40Z (GMT). No. of bitstreams: 1 Daniela Norcia Goncalves.pdf: 572704 bytes, checksum: 526e0796ca6ae2f67df796ac73702c55 (MD5) Previous issue date: 2009-05-22 / The process of disintegration of the Yugoslavia has immensely attracted international attention as by its violent character and for showing that the hopes of peace and international stability of the post-Cold War were an illusion as by the reflections around the conflict itself and about themes co-related to the limits of both International Order and System and the function of the states. Studying this experience is very relevant for evaluating the meaning of international interventions and its consequences. The present research analyses the question f the sovereignty having as a case study the Balkans crisis during de 1990´s as a result to Tito´s death and the collapse of the region after the Cold War. It talks about the history of the region, the interventions occurred in the 1990´s, the creation of the International Criminal Court and OTAN´s action in Kosovo. It will rises two important points: the practice of humanitarian intervention that, undoubtedly, imply in a reinterpretation of the sovereignty as a society´s central regulator principle; and the problems resulted from the processes of (re) construction of the states during the post- Cold War / O processo desintegração da ex-Federação Iugoslava atraiu intensamente a atenção internacional tanto pelo seu caráter violento e por demonstrar a ilusão das esperanças de paz e estabilidade internacionais no pós-Guerra Fria quanto pelas reflexões que foram geradas em torno do conflito em si e sobre temas correlacionados aos limites e alcances do Sistema Internacional, da Ordem Internacional e sobre o papel dos Estados. Estudar esta experiência é de grande relevância para avaliar o significado das intervenções internacionais e suas conseqüências. O presente trabalho analisa, portanto, a questão da soberania, tendo como estudo de caso a crise ocorrida nos Bálcãs na década de 1990 em decorrência da morte do marechal Tito e do colapso da península depois do fim da Guerra Fria. Aborda o histórico da península, as intervenções ocorridas na região na década de 1990, a instituição de um Tribunal Penal Internacional e a ação da OTAN no Kosovo. A preocupação é levantar dois importantes pontos: a prática da intervenção humanitária, que inegavelmente, implica uma reinterpretação da regra da soberania como princípio regulador central da sociedade internacional; e os problemas resultantes dos processos de (re) construção dos Estados no pós-Guerra Fria

This thesis addresses primary concepts in the humanitarian intervention debates. I argue that humanitarian intervention is a perfect duty. The global community has a moral obligation to act decisively in the face of extreme human rights abuses. There are two contrasting theoretical perspectives regarding international relations and humanitarian intervention: statism and cosmopolitanism. These contrasting perspectives contest the relative value of state sovereignty and human rights. Some of the most prominent ethicists in the debate have determined states have a “right” to intervene militarily in the internal affairs of other states to halt severe human rights abuses but there is no “duty”to intervene. These conclusions are largely based upon consequentialist considerations. This thesis argues a deontological perspective is essential. References to events Rwanda, Darfur, and Kosovo are made. There is a critical role for preemptive actions to play in addressing humanitarian crises and calls for global justice.