Intervenția umanitară și dreptul internațional
Humanitarian intervention and the international law

Summary/Abstract: The definition of the term 'humanitarian intervention' led to numerous controversies. The idea that there is a right to intervention is an important element of the profound reform in the field of human rights meant to reflect the situation existing in international relations. In this respect, the right to intervention would refer to the actual and universal observance of human rights. The shift of the emphasis from the inter-State conflict to the intra-State one, after 1990, brought into relief the humanitarian aspects through massive and serious violations of human rights, famine, the increased number of refugees, genocide, etc. Interventions for humanitarian purposes impose the observance of certain norms and principles of international law. The author concludes that neither the rule prohibiting the use of force nor the exceptions to this rule authorize a unilateral military intervention, even though for humanitarian purposes. The only body that may decide in favour of a humanitarian intervention, the United Nations Security Council, is entitled to make the decision of collective interventions, even if they are achieved by delegating one or several States to do it.

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