Striking a Delicate Balance: Humanitarian Intervention and the Prohibition on the Use of Force under Article 2 (4) of the United Nations Charter

Abstract

This paper seeks to critically assess whether humanitarian intervention has become an exception to the prohibition on the use of force under Article 2 (4) of the United Nations Charter. The paper adopts a two pronged approach to the question. First, it examines whether or not Article 2 (4) of the UN Charter can be interpreted in a manner that would justify humanitarian intervention being an exception thereto. The paper moreover assesses the approach adopted by the United Nations Security Council in authorizing the use of force in interventions for humanitarian purposes. The second prong of the paper addresses the position of humanitarian intervention and the use of force under customary international law. The paper appraises instances in which where humanitarian intervention was conducted without authorization of the Security Council.  The paper evaluates justifications advanced by intervening states and, more importantly, reactions of other members of the international community to such interventions.