Abstract

http://ssrn.com/abstract=2393085
 


 



Humanitarian Intervention and the Clean Hands Doctrine in International Law


Ori Pomson


Hebrew University of Jerusalem - Faculty of Law

Yonatan Horvits


Hebrew University of Jerusalem

February 9, 2014

48 Israel Law Review 219-251 (2015)

Abstract:     
A serious issue that has confronted the international community is the legality of humanitarian intervention. Although the majority of scholars reject the existence of a doctrine of humanitarian intervention, could the attacked state invoke the responsibility of an intervening state before an international tribunal? This article attempts to answer this question in light of the often misunderstood clean hands doctrine in international law. It first concludes that under the lex lata, humanitarian intervention is prohibited under international law. This raises the question whether the clean hands doctrine may nevertheless preclude a court or tribunal from adjudicating in favour of a state that has been subject to humanitarian intervention. Although the clean hands doctrine exists under international law in various manifestations, its applicability in cases concerning humanitarian intervention is lacking. The article finally considers whether the jus cogens status of the prohibition of the use of force would prevent the applicability of the clean hands doctrine to humanitarian intervention cases were the clean hands doctrine to evolve into a customary international legal norm.

Number of Pages in PDF File: 34

Keywords: Humanitarian intervention, Clean hands, Procedural rules, Normative hierarchy


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Date posted: February 10, 2014 ; Last revised: June 12, 2015

Suggested Citation

Pomson, Ori and Horvits, Yonatan, Humanitarian Intervention and the Clean Hands Doctrine in International Law (February 9, 2014). 48 Israel Law Review 219-251 (2015) . Available at SSRN: http://ssrn.com/abstract=2393085 or http://dx.doi.org/10.2139/ssrn.2393085

Contact Information

Ori Pomson (Contact Author)
Hebrew University of Jerusalem - Faculty of Law ( email )
Mount Scopus, 91905
Israel
Yonatan Horvits
Hebrew University of Jerusalem ( email )
Mount Scopus
Jerusalem, IL 91905
Israel
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