Resumo

JARDON, Luis. The Myth, the Truth, and What Security Council Resolution 1973 Changed: The Use of Force for the Protection of Human Rights. Anu. Mex. Der. Inter [online]. 2012, vol.12, pp.597-629. ISSN 1870-4654.

This paper assesses the long-lasting debate over the legality of the use of force for the protection of human rights. Under an interpretation of the Charter, humanitarian intervention is a priori dismissed as a legal measure to protect human rights, but the legality of the Security Council authorization for the use of force for humanitarian purposes is asserted. Nevertheless, under an interpretation of the UN Charter and an analysis of the Council's practice, the paper proposes that such authorizations find their limit on the principle of territorial sovereignty and the consent of the territorial state. The authorization for the use of force in Resolution 1973 is the first that was adopted without the consent of the territorial state, changing, as such, the interpretation of the Charter and the hierarchy of principles that for many years governed international relations.

Palavras-chave : Use of Force; Human Rights; United Nations Charter; Security Council; Principles of International Law.

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