Humanitarian intervention becomes a focal point of international debate because it seems to be morally right but legally wrong. It challenges the principle of non-intervention and non-use of force encompassed in the Charter of the United Nations (UN), which was established in 1945 to prevent aggressions that led to the two world wars. However, since the 1990s, state practices of military intervention to protect human rights increased dramatically, many of which were even endorsed by the UN or in close cooperation with it. In other words, the UN is the most important, or insofar the only acceptable, body to authorize and legitimize any military operations with humanitarian rationale. This research aims at investigating the limitations of the UN in coordinating its responsibilities of maintaining peace and security and of protecting human rights. Two cases, Rwanda in 1994 and Sudan from 2003 on, are chosen as examples to probe into the practice of the UN and try to determine what has changed and what remains steadfast of the UN practice in humanitarian intervention in these ten years. By focusing on the cases of Rwanda and Sudan, this thesis is intended to address the following questions: (1) In the past decade, has the UN system become more comfortable with humanitarian intervention? (2) What are the limitations of the UN in conducting “humanitarian intervention”? What causes these limitations? And why? (3) What can be done to improve the incompetence of the UN in terms of humanitarian intervention? How to harmonize the UN’s conflicting responsibilities of upholding human rights and defending the principle of non-intervention? This research concludes that the new approach of the “responsibility to protect” that was created in recent years shows that a normative change is on the way. Besides, from Rwanda to Sudan, the UN has made progress in addressing grave humanitarian issues. However, all the efforts still have to depend on the political will of the member states of the UN. Since this issue is still more a political one than a legal one, in the years to come, the UN will still face the difficulty of fulfilling its responsibility.
| Identifer | oai:union.ndltd.org:CHENGCHI/G0094253005 |
| Creators | 龔孟穎, Kung,Meng-Yin Lorelei |
| Publisher | 國立政治大學 |
| Source Sets | National Chengchi University Libraries |
| Language | 英文 |
| Detected Language | English |
| Type | text |
| Rights | Copyright © nccu library on behalf of the copyright holders |
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