The Applicability of the Humanitarian Intervention 'Exception' to the Middle Eastern Refugee Crisis: Why the International Community Should Intervene Against ISIS

25 Pages Posted: 15 Sep 2015

See all articles by Milena Sterio

Milena Sterio

Cleveland State University - Cleveland-Marshall College of Law

Date Written: September 14, 2015

Abstract

The refugee crises in Iraq and Syria, which has been evolving over the past decade as a result of both ongoing conflict in these countries and the recent surge of Islamic State-led violence, has morphed into a true humanitarian catastrophe. Tens of thousands of refugees have been subjected to violence and have been dispersed and forced to live under dire conditions; such massive population flows have destabilized the entire region and have threatened the stability of neighboring countries. The United States and several other countries have been engaged in a military air strike campaign against the Islamic State, but the international community has otherwise not authorized a multilateral military action against the Islamic State in order to alleviate refugee and other humanitarian suffering. This Article will argue that in light of such a tremendous humanitarian crisis, reflected in the current refugee crisis, international law authorizes states to intervene through the paradigm of humanitarian intervention. This Article will argue that if international law embraces the concept of humanitarian intervention as an evolving norm of customary law, then this norm encompasses intervention in situations of a humanitarian refugee crisis, such as the one that has unfolded in Iraq and Syria.

Keywords: Syria, refugee crisis, humanitarian intervention, international law, use of force, Iraq, customary law

JEL Classification: K10

Suggested Citation

Sterio, Milena, The Applicability of the Humanitarian Intervention 'Exception' to the Middle Eastern Refugee Crisis: Why the International Community Should Intervene Against ISIS (September 14, 2015). Cleveland-Marshall Legal Studies Paper No. 15-286. Available at SSRN: https://ssrn.com/abstract=2660435

Milena Sterio (Contact Author)

Cleveland State University - Cleveland-Marshall College of Law ( email )

2121 Euclid Avenue, LB 138
Cleveland, OH 44115-2214
United States
216-687-3852 (Phone)
216-687-6881 (Fax)

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