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Part IV - Imagining a Better World

Published online by Cambridge University Press:  21 May 2018

Leila Nadya Sadat
Affiliation:
Washington University, St Louis
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Summary

In an age marked by terrorism, cross-border refugee crises, and environmental catastrophes, we have witnessed how the inaction of the international community leads to horrendous outcomes—in Syria, Sudan, Myanmar, and Rwanda, to name a few. The time is ripe for giving rebirth to the doctrine of humanitarian intervention, such that it may protect civilians suffering the worst calamities in the 21st Century. This Chapter proposes three paradigms to strengthen the legal rationale behind the lawful application of military force. The paradigms expand upon the “Responsibility to Protect,” which protects civilians through non-military and military means. The first paradigm examines four opportunities under U.N. Charter law, namely, the “Responsibility Not to Veto,” the Uniting for Peace Resolution, peacekeeping actions under U.N. Charter Chapter VI, and military standby forces under Article 43 of the U.N. Charter. The second paradigm proposes a pragmatic application of the right of self-defense in the context of 21st Century realities. The third paradigm introduces the “exhaustion principle” in order to address situations where U.N. Charter procedures are exhausted and the humanitarian crisis remains dire. Each of these paradigms depends on the circumstances of human peril in order to address the all-important question, “If not now, when?”
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Publisher: Cambridge University Press
Print publication year: 2018

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  • Imagining a Better World
  • Leila Nadya Sadat, Washington University, St Louis
  • Book: Seeking Accountability for the Unlawful Use of Force
  • Online publication: 21 May 2018
  • Chapter DOI: https://doi.org/10.1017/9781316941423.021
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  • Imagining a Better World
  • Leila Nadya Sadat, Washington University, St Louis
  • Book: Seeking Accountability for the Unlawful Use of Force
  • Online publication: 21 May 2018
  • Chapter DOI: https://doi.org/10.1017/9781316941423.021
Available formats
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Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Imagining a Better World
  • Leila Nadya Sadat, Washington University, St Louis
  • Book: Seeking Accountability for the Unlawful Use of Force
  • Online publication: 21 May 2018
  • Chapter DOI: https://doi.org/10.1017/9781316941423.021
Available formats
×