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CHANAKYA NATIONAL LAW UNIVERSITY

Rough - Draft
HUMANITARIAN INTERVENTION:- WHETHER AN ABUSE TO HUMANITY?

[RESEARCH WORK TOPIC]

SUBMITTED TOWARDS THE FULFILLMENT OF THE COURSE TITLED:-

INTERNATIONAL LAW

SUBMITTED TO: - Ms. Sugandha, Lecturer on International Law

SUBMITTED BY:-SANU RANJAN

ROLL NO:-1559

COURSE:-B.A.L.L.B,

SEMESTER:- 5th

SESSION:-2016-21
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INTRODUCTION

“Sometimes the Idea of Humanity is abuse to Humanity Itself”

By the Researcher

The Idea of Humanitarian Intervention finds its root in the Idea of one of the fathers of
International Law, Hug Grotius1, who maintained that in order to protect the integrity of
international law, all states are entitled to punish violation of law of nature (ius natural) and
the positive law of nations (ius gentium)2. He further states that, “any one of sound judgement
who is not subject to vices of the same kind or of equal seriousness” could administer
punishment3. Further, there is a second basis on which Grotius asserts that law of nature
authorizes states to serve as temporary guardians for foreign nationals abroad who have
suffered intolerable cruelties at the hands of their own state4 and as such States invoke
humanitarianism for preventing „death and suffering‟5. But, these theories have been abused
to such an extent in International Law that the “humanity has become an abuse to humanity
itself.”

Further, The international legal regime on the use of force is therefore constituted at the
intersection of Articles 2(4), 39, and 51 of the UN Charter: the use of force by states against
other states is prohibited by Article 2(4); the collective use of force is allowed, and is
controlled entirely by the UN Security Council by Article 39, among others; and self-defense
in response to an attack is defined by Article 51 as legally distinct from what is prohibited by
Article 2(4). This is the legal environment into which humanitarian intervention was
presented as a justification for the use of force. It is an environment in which there are clear
black-letter law prohibitions on the use or threat of force in interstate relations, and the
development of humanitarianism has therefore taken place in and around that prohibition.
Hence, the present legal regime does not present any case for Just war.

This paper in chapter I will discuss the idea of Just war and the elements of natural law. In
chapter II the paper will discuss the law relating to humanitarian intervention in present UN
Legal regime. Chapter III will conclude the paper by finding the solution to the problem of
interpretation related to humanitarian intervention in present context of international regime

OBJECTIVE OF THE RESEARCH WORK:-

1
Hugo Grotius, On the Law of War and Peace (A.C. Campbell trans., London 1814) (1625).
2
Evan J. Criddle, Three Grotian Theories of Humanitarian Intervention”, 16 TIIL 473 (2015)
3
See Grotius, Supra note 1.
4
See Criddle, Supra note 2, at 475
5
See, e.g., Press Statement of NATO Secretary-General Javier Solana, NATO Press Release 040 (Mar. 23,
1999) (explaining that NATO intervention in Kosovo would “be directed towards disrupting . . . violent attacks”
and “prevent[ing] more human suffering and more repression and violence”).
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I. The Research work aims to study the historical aspect and jurisprudential aspect of
Humanitarian Intervention
II. The Research works objects to study the claim of legality or illegality of International
Law
III. The Research works tends to provide a way of interpretation to humanitarian
intervention in present International Regime.

HYPOTHESIS:-

The Researcher assumes that:-

I. Humanitarian Intervention is a legally justified ground, if it is true in its spirit

II. Article 2 (4) of the U.N.Charter must be interpreted in such a way that Humanitarian
Intervention be recognized legal

TENTATIVE-CHAPTERISATION

I. Introduction
II. Humanitarian Intervention & Just War: The Element of Natural Law
III. International Law & Humanitarian Intervention: State Practice & U.N.Charter
IV. Conclusion:- U.N.Charter, a living document