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JUST WAR TRADITION AND AN ISSUE OF VALIDITY OF HUMANITARIAN INTERVENTION IN INTERNATIONAL LAW (Tradycja wojny sprawiedliwej a zagadnienie legalnosci tzw. interwencji humanitarnej w prawie miedzynarodowym)

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Kwiecien R.
Studia Prawnicze
|
2009
|
issue 1-2(179-180)
43-64
EN
The issue of humanitarian intervention and debates about it have become one of the most controversial questions in contemporary 'ius ad bellum'. The aim of the article is to discuss a validity of humanitarian intervention in the context of just war tradition. The prohibition of the threat or use of force contained in Article 2(4) of the United Nations Charter, is currently the subject of fundamental disagreement. There is comparable agreement neither states nor scholars on the exact scope of the prohibition. Controversies especially concern so-called 'unilateral humanitarian intervention', that is use of force in pursuit of human rights without express authority from the Security Council. The author argues that just war tradition seems to be an useful tool for solving difficulties surrounding the issue of validity of humanitarian intervention. The just war tradition offers a coexistence of two fundamental values of the international society, that is justice and peace. According to this tradition peace cannot be established without justice, and vice versa justice cannot exist without peace. That is why the tradition can serve as a medium protecting both human rights and international peace and security. Thus one can speak of a 'new life' of the just war tradition in today's international law.
2

FROM HUMANITARIAN INTERVENTION TO RESPONSIBILITY TO PROTECT (Od interwencji humanitarnej do odpowiedzialnosci za ochrone)

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Zajadlo J.
Międzynarodowe Prawo Humanitarne
|
2010
|
vol. 1
23-42
EN
The Responsibility to Protect is a concept of international law based on the idea that sovereignty is not a privilege, but a responsibility. The Responsibility to Protect focuses on preventing four international crimes: genocide, war crimes, crimes against humanity, and ethnic cleansing. The responsibility to protect includes three elements: 1. A State has a responsibility to protect its population from genocide, war crimes, crimes against humanity, and ethnic cleansing. 2. If a State is unable to protect its population on its own, the international community has a responsibility to assist the state by building its capacity. This can mean building early-warning capabilities, mediating conflicts between political parties, strengthening the security sector, mobilizing standby forces, and many other actions. 3. If a State is manifestly failing to protect its citizens from mass atrocities and peaceful measures are not working, the international community has the responsibility to intervene at first diplomatically, then more coercively, and finally with military force (humanitarian intervention).
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