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Legitimate Humanitarian Intervention Under International Law in the Context of the Current Human Rights and Humanitarian Crisis in Burma/Myanmar


Marek Pietschmann


affiliation not provided to SSRN

Jeremy Sarkin


University of South Africa


Hong Kong Law Journal, Vol. 33, p. 371, 2003

Abstract:     
Isolated from the rest of the world, the military junta in Burma continues to rule the country by force and fear. The government has consistently suppressed opposition activities, used extra-judicial killings, disappearances, torture, arbitrary arrests, denial of fair trial rights and more. In addition to restrictions of human rights and freedoms, other factors contribute to a silent emergency in Burma. These include the internal displacement of people, the practice of forced labour, and an Acquired Immune Deficiency Syndrome (AIDS) crisis fuelled by the drug trade. In this context the severity of the humanitarian situation there is examined, as well as whether the human rights and humanitarian situation are deserving of external humanitarian intervention. The very notion of humanitarian intervention is considered against the backdrop of international developments over the last few years. Also scrutinised are the possible legal grounds under international law for humanitarian action, as well as the legal tension that exists between humanitarian relief and political intervention in domestic affairs, in the context of Burma.

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Date posted: August 29, 2006 ; Last revised: October 27, 2008

Suggested Citation

Pietschmann, Marek and Sarkin, Jeremy, Legitimate Humanitarian Intervention Under International Law in the Context of the Current Human Rights and Humanitarian Crisis in Burma/Myanmar. Available at SSRN: http://ssrn.com/abstract=926710

Contact Information

Marek Pietschmann
affiliation not provided to SSRN
No Address Available
Jeremy Sarkin (Contact Author)
University of South Africa ( email )
South Africa
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