Element complementing the lectures on the use of force and the collective security system

Element complementing the lectures on the use of force and the collective security system

par BULTRINI ANTONIO,
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As an additional element complementing the lectures on the use of force, Prof. Bultrini draws students’ attention to the issue of humanitarian intervention, dealt with at p. 880-884 of the textbook. Prof. Bultrini’s position on this issue is as follows (from Antonio Bultrini, Reapprasing the Approach of International Law to Civil Wars: Aid to Legitimate Governments or Insurgents and Conflict Minimization, Canadian Yearbook of International Law, Volume 56, October 2019, pp. 144-219, at p. 216):

«(…) (W)e are not going to argue in favour of an unconditional legal right of humanitarian intervention for individual States or ‘coalitions of the willing’, which is too controversial and as such unsupported by the necessary critical mass of practice and opinio iuris. Nor are we going to get entangled in the ‘illegal but necessary/legitimate’ argument: any unilateral course of action carries with it an inevitable potential for incoherency and double standards, let alone the risk of encouraging unilateral actions by others elsewhere. Unilateral forcible action for humanitarian purposes does not comply with the widely recognized legal framework based on the UN collective security system, it is very hard to justify (…) and therefore pertains to the realm of power politics (the ICJ’s words in the Corfu Channel judgment are still illuminating in this regard: The Corfu Channel Case, the United Kingdom v. Albania, [1949], Rep 1949 at 35).»