The Twilight of Humanitarian Intervention? International Legal Conditions for the Possibility of Undertaking a Humanitarian Intervention in Ukraine in the Context
of the Concept of Responsibility to Protect
The Twilight of Humanitarian Intervention? International Legal Conditions for the Possibility of Undertaking a Humanitarian Intervention in Ukraine in the Context
of the Concept of Responsibility to Protect
Author(s): Małgorzata Andrzejczak-Świątek, Monika BaylisSubject(s): Politics / Political Sciences, Security and defense
Published by: Akademia Policji w Szczytnie
Keywords: Humanitarian intervention; international law; human rights; international security
Summary/Abstract: The aggression of the Russian Federation against Ukraine is not only a global threat to the broadly understood regionaland global security, but also raises legitimate questions regarding the consequences in the sphere of international criminal law and human rights. The reaction of international organisations, including primarily the UN, but also those of a regional scale, such as the Council of Europe and the European Union, clearly aims at condemning Russia’s illegal aggression and the application of sanctions,mainly economic, as well as military support, but there is a legitimate question about the legal possibility of carrying outa humanitarian intervention in the territories of Ukraine occupied by the armed forces of the Russian Federation in order to prevent further flagrant violations of humanitarian law and human rights, primarily mass war crimes. The aim of this paper is to critically review international and applicable legal documents which discuss a possibility of undertaking humanitarian interventions in Ukraine. This methodological approach was based mainly on the analysis of the achievements of the doctrine, but also on the current jurisprudence of international courts, teleological interpretation of international treaties and customary law regarding humanitarian law and the institution of humanitarian intervention in the context of its legitimacy, legality and legitimacy.
Journal: Internal Security
- Issue Year: 16/2024
- Issue No: 1
- Page Range: 29-41
- Page Count: 13
- Language: English