Use of Force in Humanitarian Crises: Addressing the Limitations of U.N. Security Council Authorization

11 Pages Posted: 9 Nov 2018 Last revised: 9 Jun 2019

See all articles by Paul R. Williams

Paul R. Williams

Public International Law & Policy Group; American University

Sophie Pearlman

NYU Law

Date Written: October 16, 2018

Abstract

The original 2001 United Nations (UN) codification of the Responsibility to Protect (R2P) granted the UN Security Council exclusive control over authorizing use of force in sovereign states. Unfortunately, as demonstrated over the past 20 years, the need for humanitarian intervention has not changed and the use of force in the name of humanitarian intervention has not always occurred even when the need for such intervention was dire. When the UN Security Council is deadlocked, and a humanitarian crisis is at hand, it is necessary to have a means of using low-intensity military force to prevent mass atrocity crimes. In this article, we discuss the need for a framework for non-UN authorized military force in the name of humanitarian intervention. Expanding on previous work, we set forth a seven-point framework for countries to follow if they wish to justifiably use military force in humanitarian crises without UN authorization.

Keywords: R2P, Syria, UNSC, Security Council Resolution, use of force, humanitarian intervention, Syria crisis, airstrikes, chemical weapon

Suggested Citation

Williams, Paul R. and Pearlman, Sophie, Use of Force in Humanitarian Crises: Addressing the Limitations of U.N. Security Council Authorization (October 16, 2018). Case Western Reserve Journal of International Law, Forthcoming, Available at SSRN: https://ssrn.com/abstract=3267555

Paul R. Williams (Contact Author)

Public International Law & Policy Group ( email )

HOME PAGE: http://www.pilpg.org

American University ( email )

4400 Massachusetts Ave, NW
Washington, DC 20016
United States

Sophie Pearlman

NYU Law ( email )

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