Reassessing the Right of Humanitarian Intervention under International Law Between Sovereignty and Responsibility

Abstract

This study examines one of the most contentious issues in international law: the intervention by sovereign states into the domestic affairs of others through the use of armed force. Structured across seven chapters, the research investigates whether a codified or customary right of humanitarian intervention exists within the global legal framework. The analysis further explores the evolution of United Nations (UN) peacekeeping enforcement operations and the legal responses to international terrorism. The findings reaffirm that Article 2(4) of the UN Charter maintains a foundational prohibition on the use of force, recognizing only three strictly defined exceptions: intervention by explicit invitation for legal purposes, authorization by the UN Security Council under Chapter VII, or the exercise of the inherent right to self-defence.  Crucially, the study concludes that while the UN Charter does not expressly recognize humanitarian intervention, the international community—tempered by crises such as Kosovo—has developed the "Responsibility to Protect" (R2P) doctrine. This framework reinterprets state sovereignty not as a shield, but as a responsibility. By establishing criteria rooted in the principles of necessity and proportionality, R2P provides a UN-endorsed guideline for invoking intervention to prevent mass atrocities when a state fails to protect its own population.