Abstract

ARROCHA, Pablo. The Never-Ending Dilemma: is the Unilateral use of Force by States Legal in the Context of Humanitarian Intervention?. Anu. Mex. Der. Inter [online]. 2011, vol.11, pp.11-44. ISSN 1870-4654.

This article upholds the thesis that unilateral humanitarian interventions are illegal. This conclusion is reached after a careful analysis and rebuttal of the arguments that are usually put forward by some scholars to defend this type of actions, namely: that such interventions do not contravene the UN Charter, that there is an emerging rule of customary law that allows them, and that they are legitimate interventions because of the rights they seek to protect hence trumping any legal barriers.

Keywords : unilateral humanitarian intervention; collective humanitarian intervention; use of force; UN Charter; legality; legitimacy; interpretation; customary international law; Security Council.

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