How severe must human suffering be before military intervention is considered? Can there be commensurate legal grounding for such an argument? Which actors are the most appropriate agents of intervention? In this reasonable and straightforward approach to the perplexing issue of humanitarian intervention, Eric A. Heinze incorporates insights from various strands of ethical, legal, and international relations theory. He identifies the conditions under which humanitarian intervention is morally permissible, establishes the extent to which such an ethical argument can be grounded in international law, and determines which actors are best equipped to undertake this task under prevailing political conditions. Heinze presents the reader with a number of empirical examples, including the 1999 Kosovo intervention, the 2003 Iraq war, and the ongoing humanitarian crisis in Darfur, Sudan. The result is a more theoretically consistent—and therefore more practically workable—approach to humanitarian intervention.

A revealing examination looks at the decision-making in four NATO capitals about waging war in Kosovo and Iraq. Written by a combat veteran who also served on the faculty of the Naval War College, Waging War to Make Peace: U.S. Intervention in Global Conflicts is a thought-provoking analysis of the decision to make war in the modern world. The subject is examined through the lens of the decision-making of four NATO nations—Britain, France, Germany, and the United States—in the 1999 Kosovo campaign compared to their decisions in 2003 regarding the Iraq war. What emerges is a picture of how the bitter dispute over Iraq was the result of disagreements about who has the authority to wage war, when it is justified, and whether nations have an obligation to intervene in the case of human rights and humanitarian emergencies. The book shows how those who enthusiastically hailed a new era of warfare based upon human rights and humanitarian values misjudged the significance of the Kosovo decision, and it underscores issues with which leaders must come to grips if NATO allies are to avoid broader disputes in the years ahead.

This fully revised fourth edition of Constraints on the Waging of War considers the development of the principal rules of international humanitarian law from their origins to the present day. Of particular focus are the rules governing weapons and the legal instruments through which respect for the law can be enforced. Combining theory and actual practice, this book appeals to specialists as well as to students turning to the subject for the first time.

Ten new essays critique the practice armed humanitarian intervention, and the 'Responsibility to Protect' doctrine that advocates its use under certain circumstances. The contributors investigate the causes and consequences, as well as the uses and abuses, of armed humanitarian intervention. One enduring concern is that such interventions are liable to be employed as a foreign policy instrument by powerful states pursuing geo-political interests. Some of the chapters interrogate how the presence of ulterior motives impact on the moral credentials of armed humanitarian intervention. Others shine a light on the potential adverse effects of such interventions, even where they are motivated primarily by humanitarian concern. The volume also tracks the evolution of the R2P norm, and draws attention to how it has evolved, for better or for worse, since UN member states unanimously accepted it over a decade ago. In some respects the norm has been distorted to yield prescriptions, and to impose constraints, fundamentally at odds with the spirit of the R2P idea. This gives us all the more reason to be cautious of unwarranted optimism about humanitarian intervention and the Responsibility to Protect.

Philosophy of Law provides a rich overview of the diverse theoretical justifications for our legal rules, systems, and practices. Utilizes the work of both classical and contemporary philosophers to illuminate the relationship between law and morality Introduces students to the philosophical underpinnings of International Law and its increasing importance as we face globalization Features concrete examples in the form of cases significant to the evolution of law Contrasts Anglo-American law with foreign institutions and practices such as those in China, Japan, India, Ireland and Canada Incorporates diverse perspectives on the philosophy of law ranging from canonical material to feminist theory, critical theory, postmodernism, and critical race theory

Humanitarian Intervention and the Responsibility To Protect considers who should undertake humanitarian intervention in response to an ongoing or impending humanitarian crisis, such as found in Rwanda in early 1994, Kosovo in 1999, and Darfur more recently. The doctrine of the responsibility to protect asserts that when a state is failing to uphold its citizens' human rights, the international community has a responsibility to protect these citizens, including by undertaking humanitarian intervention. It is unclear, however, which particular agent should be tasked with this responsibility. Should we prefer intervention by the UN, NATO, a regional or subregional organization (such as the African Union), a state, a group of states, or someone else? This book answers this question by, first, determining which qualities of interveners are morally significant and, second, assessing the relative importance of these qualities. For instance, is it important that an intervener have a humanitarian motive? Should an intervener be welcomed by those it is trying to save? How important is it that an intervener will be effective and what does this mean in practice? The book then considers the more empirical question of whether (and to what extent) the current interveners actually possess these qualities, and therefore should intervene. For instance, how effective can we expect UN action to be in the future? Is NATO likely to use humanitarian means? Overall, it develops a particular normative conception of legitimacy for humanitarian intervention. It uses this conception of legitimacy to assess not only current interveners, but also the desirability of potential reforms to the mechanisms and agents of humanitarian intervention.

"Waging Just Wars: The Ethical and Legal Principles of Modern Warfare" provides a comprehensive examination of the moral and legal dimensions of contemporary conflict. Authored by an expert in military ethics and international law, this book delves into the foundational principles of Just War Theory, including jus ad bellum, jus in bello, and jus post bellum. The book explores historical precedents and modern applications, offering a detailed analysis of self-defense, humanitarian interventions, and the prevention of atrocities. It critically examines the impact of technological advancements, such as AI and autonomous weapons, on the conduct of war. Through rigorous ethical analysis and case studies, the author addresses the complexities of applying Just War principles in today's geopolitical landscape. "Waging Just Wars" also highlights the importance of legitimate authority, right intention, and proportionality in the decision to go to war. The book discusses the ethical challenges of ensuring that military actions align with these principles and the necessity of exhausting all non-violent options before resorting to force. Additionally, the book provides insights into the treatment of prisoners of war, the use of prohibited weapons, and the ethical considerations of modern warfare tactics. The analysis extends to post-war responsibilities, emphasizing the need for fair treatment of former enemies, reconstruction efforts, and accountability for war crimes. This scholarly work is essential reading for national security researchers, scholars, policymakers, and ethicists. It offers a nuanced understanding of how ethical and legal standards can guide the conduct of warfare, ensuring that the use of force is both morally justified and legally compliant. With its thorough examination of Just War Theory and its application to contemporary conflicts, "Waging Just Wars" is a vital resource for anyone seeking to navigate the moral complexities of modern warfare.

A study of the emergence and development of humanitarian intervention from the nineteenth century through to the present day. Drawing from a multitude of disciplines, it investigates the complex and controversial debates over the legitimacy of protecting humanitarian norms and universal human rights by violent as well as non-violent means.

The dilemma of how best to protect human rights is one of the most persistent problems facing the international community today. This unique and wide-ranging history of humanitarian intervention examines responses to oppression, persecution and mass atrocities from the emergence of the international state system and international law in the late sixteenth century, to the end of the twentieth century. Leading scholars show how opposition to tyranny and to religious persecution evolved from notions of the common interests of 'Christendom' to ultimately incorporate all people under the concept of 'human rights'. As well as examining specific episodes of intervention, the authors consider how these have been perceived and justified over time, and offer important new insights into ideas of national sovereignty, international relations and law, as well as political thought and the development of current theories of 'international community'.