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CHANAKYA NATIONAL LAW UNIVERSITY

Final - 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 Sinha, 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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ACKNOWLEDGEMENT

The writing of this research project has been one of the most significant academic challenges
I have ever faced. Any attempt at any level can't be satisfactorily completed without the
support and guidance of learned people. Gratitude is a noble response of one’s soul to
kindness or help generously rendered by another and its acknowledgement is the duty and I
am overwhelmed in all humbleness and gratefulness to acknowledge our depth to all those
who have helped me to put these ideas, well above the level of simplicity and into something
concrete effectively and moreover on time.

My first obligation, irredeemable by the verbal expression, is to our subject teacher Ms.
Sugandha Sinha who has given me her valuable help in myriad way from the start to the very
end. She was always there to show us the right track when we needed her help. She lent her
valuable suggestions, guidance and encouragement, in different matters regarding the topic.
She had been very kind and patient while suggesting me the outlines of this project and
correcting my doubts. I thank her for her overall supports with the help of which I was able to
perform this project work.

I would like to extend the thanks to my parents for their selfless encouragement and support
given to me at critical junctures during the making to this project.

Last but not the least, I would like to thank my librarians and friends who helped a lot in
gathering different information, collecting data and guiding each other from time to time in
making this project.

SANU RANJAN

5th Semester

B.A. L.L.B
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TABLE OF CONTENTS

Serial No. Chapters Page No.

Declaration 2

Acknowledgement 3

Table Of Contents 4

I Introduction 5

I.I Objectives & Hypothesis of the Research 8

Work

I.II Research Questions 9

I.III Research Methodology 9

I.IV Methods of Data Collection 9

I.V Sources of Data Collection 9

II Humanitarian Intervention & Just War: The 9

Element of Natural Law
III. International Law & Humanitarian 18
Intervention: State Practice & U.N.Charter

IV Conclusion & Suggestion:- U.N.Charter, a 20

living document

V Bibliography 21

INTRODUCTION
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“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.

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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OBJECTIVE OF THE RESEARCH WORK:-

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
III. In the recent era, this has been used to justify the gross violation of human rights.

RESEARCH QUESTIONS:-

1. What is meant by Humanitarian Intervention?

2. Whether the Natural Law Philosophy supports the idea of Humanitarian Intervention?
3. Whether the State practice has been used to justify the abuse of humanity on the
ground of Humanitarian Intervention?
4. How U.N. Charter can be interpreted in a manner that could legally recognize
humanitarian intervention?

RESEARCH METHODOLOGY

Methods of Data Collection:-

The Researcher due to time limitation has based its research on DOCTRINAL METHOD
which helped the Researcher to present a ‘Beautiful Bush’ of Knowledge, which is Truth and
has laid down before the ‘Inquisitive Beautiful Mind’ of those who have certain interest in
this Subject for whose completion the Researcher has put its humane heart& inquisitive mind.

SOURCES OF DATA COLLECTION:-

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“Knowledge is like an unending river of truth” where humans are on the shore of it and the
book is like a boat which helps men to know something about it.” for accomplishment of this
‘unaccomplished research’. Researcher has used primary as well as secondary source which
are as follows:-

Primary Source:-

1. U.N. Charter

2. International Law Commission Report

Secondary Source:-

1. Research Papers

2. Journals

3. Articles

Humanitarian Intervention & Just War: The Element of Natural Law