Tuesday, May 21, 2013
Mohamed on Unauthorized Humanitarian Intervention
Saira Mohamed (University of California, Berkeley - School of Law) has posted Restructuring the Debate on Unauthorized Humanitarian Intervention (North Carolina Law Review, Vol. 88, No. 4, 2011) on SSRN. Here is the abstract:
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Scholars and practitioners addressing the problem of unauthorized humanitarian intervention often characterize the central difficulty of the issue as arising out of the fact that when the U.N. Security Council fails to authorize states to use military force to stop mass atrocities, the law requires a result - doing nothing - that is illegitimate and morally abhorrent. One scholarly solution to this predicament has been to subordinate considerations of legality to those of legitimacy or morality by arguing that in certain cases in which the Security Council does not... [via Legal Theory Blog]