Legality Versus Legitimacy
Humanitarian Intervention, the Security Council, and the Rule of Law
Bibliographic Data
| ID | 12301752 |
|---|---|
| Authors | Simon Chesterman (0000-0002-3599-4573, International Peace Academy, New York, NY, corresponding author) |
| Year | 2002 |
| Volume | 33 |
| Issue | 3 |
| Pages | 293-307 |
| Publication date | 2002-09-01 |
| Peer Reviewed | Yes |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | Security Dialogue (JOURNAL) |
| Journal identifiers | ISSN: 0967-0106 • E-ISSN: 1460-3640 |
| Publisher | SAGE Publishing (PUBLISHER • US) |
| DOI | 10.1177/0967010602033003005 |
| OpenAlex | W2145251750 |
| Language | EN |
| Citations received | 5 |
| References cited | 13 |
This article sketches out the nature of legal responses to humanitarian intervention in general and the Kosovo intervention in particular, with particular attention given to arguments that were not made. Though some possible arguments appear to have been omitted through oversight, the nature of the discussion suggests a view of international law as one policy justification among others. These debates are then situated in a broader historical context by drawing parallels between the current international framwork and earlier historical periods in which no body comparable to the Security Council existed. It is argued that developments since the end of the Cold War, and in the past few years in particular, suggest a reversion to pre-Charter paradigms, where the council exists merely to advise member-states and international order is contingent, once more, on the goodwill of the powerful. The reluctance of the Great Powers to submit themselves to law may yet have a more lasting effect on the international order than NATO's decision to wage war on behalf of the Kosovo Albanians
Charter · Context (archaeology · Economics · Goodwill · Humanitarian intervention · International law · Intervention (counseling · Law and economics · Legitimacy · Parallels · Political science · Politics · Principle of legality · Responsibility to Protect · Sociology · Use of force · Global Peace and Security Dynamics · Historical and Contemporary Political Dynamics · International Law and Human Rights · Law
Principles of public international law
Learning from Somalia
Decision-Making in the UN Security Council
The Gentle Civilizer of Nations
International Law and the Use of Force by States
The Kosovo Report
Humanitarian Intervention
Outlook
The United Nations and the Rule of Law
Security Council Resolution 678 and Persian Gulf Decision Making
An Agenda for Peace
Whigs and Hunters
| Unique citing works | 5 |
|---|---|
| Citations per year | 0,23 |
| Citation span | 2004 - 2017 (14) |
| Citation velocity | historical |
| Highly cited | No |
| Citation types | Neutral: 4 |