İnsani Müdahalenin Meşruluğu Sorunu ve Yeni Bir Meşruiyet Arayışı Olarak Koruma Sorumluluğu Yaklaşımı

Authors : Ertuğrul ERYÜCEL

Pages : 140-162

View : 11 | Download : 6

Publication Date : 2014-05-01

Article Type : Research Paper

Abstract :This study examines the problem of the legitimacy of humanitarian intervention. Purpose of the study primarily humanitarian intervention about the legitimacy of the theoretical approaches to explain and then post-Cold War humanitarian intervention sample by addressing the international system of humanitarian intervention in a new search for legitimacy presented as “the responsibility to protect approach” is to explain. About the legitimacy of humanitarian intervention are two theoretical approaches. First opinion humanitarian intervention is evaluated as a practice contrary to international law because international law humanitarian intervention “equal sovereignty of states”, “prohibition of the use of force” and “prohibition interference in internal affairs” is contrary to the fundamental principles. Second opinion regarding human rights provisions in the UN Treaty and customary international law, citing argues that humanitarian intervention is legitimate. Post-Cold War humanitarian intervention as a result of the bad reputation of samples, the UN humanitarian intervention has addressed the issue again. UN adopted the “responsibility to protect approach”, as a search for a new legitimacy in humanitarian intervention is presented.
Keywords : Humanitarian intervention, Legitimacy, Responsibility to protect