Humanitarian Intervention at the Margins: An Examination of Recent Incidents

47 Pages Posted: 26 Sep 2016 Last revised: 26 May 2017

Date Written: September 21, 2016

Abstract

Scholarship on humanitarian intervention is plentiful. But actual examples of state practice and opinio juris are sparse. Thus, critics conclude, the doctrine of humanitarian intervention has no legal basis in international law. This Article challenges this viewpoint. It does so by departing from the traditional framework of international law and by adopting an alternative framework of analysis: the study of incidents. Through an examination of seven recent incidents over the past decade, this Article reveals that the doctrine of humanitarian intervention, though not yet an established norm of international law, functions to widen traditional exceptions to the prohibition on the use of force.

Keywords: humanitarian intervention, customary international law, state practice, opinio juris, use of force, incidents

Suggested Citation

Tzeng, Peter, Humanitarian Intervention at the Margins: An Examination of Recent Incidents (September 21, 2016). Vanderbilt Journal of Transnational Law, Vol. 50, No. 2, pp. 415-461 (2017). Available at SSRN: https://ssrn.com/abstract=2843210

Peter Tzeng (Contact Author)

Foley Hoag LLP ( email )

United States

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