On The Humanitarian Intervention In International Law

Human Rights have become a holy concept which no nations can deny nowadays. Pitifully infringements of Human Rights are taking place in every corner of the world. Do we have any institutions or solutions to stop the infringement of Human Rights in certain nations? Although international protection of Human Rights has been embodied in a sense of multilateral treaties of Human Rights, international protection of Human Rights is still, to some extent, the fight only on papers when infringement of Human Rights happen on a large scale. Hence Humanitarian Intervention which had hardly mentioned before has gradually been the focus and the most controversial questions in the theory and practice of international relations. That has brought challenges to the theory and practice of international law.This article analyzes Humanitarian Intervention objectively and comprehensively on basis of the development of international law and holds that Humanitarian Intervention has its own historic origin and philosophical value. To bring Humanitarian Intervention into legal system of international Human Right and to regulate it strictly can make it a powerful weapon of international protection of Human Rights as well as a tool abused by certain nations full of ulterior motives. Besides the introduction and the conclusion, this article consists of three parts following the logic order of what, why and how.The first part covers the definition of Humanitarian Intervention, i-e-, what Humanitarian Intervention is. Firstly, Humanitarian Intervention shall be defined as follows: UN's intervention in order to prevent Human Rights of any nations from being deprived or stop the unhumanitarian things in any nations or regions. Then the author gives a brief introduction to the theories and argues of the world, analyzing the theories of Humanitarian Intervention of the western world incisively and the argues concerning Humanitarian Intervention internationally. Western countries often go one step ahead of most developed countriesespecially in the theories and practices of intervention. Non - Western countries can only choose whether to follow or protest against. The combination of intervention with humanitarian cause arises from the instinctive dynamics that war must be waged with justification.The second part deals with the realistic ground of Humanitarian Intervention , i-e-, this part is about why Humanitarian Intervention is realistically feasible. The author covers the relationship between Human Rights and Humanitarian Intervention, points out Humanitarian Intervention is factually embodiment of internationalized Human Rights. The author analyzes the rationalization and legality of Humanitarian Intervention, despite of the fact that unilateral Humanitarian Intervention is unlawful. Then the author analyzes the feasibility of Humanitarian Intervention in the context of practices in the cold war and henceforth. Humanitarian Interventions have emerged as a major practice in the first post - Cold War decade. Different periods have different justifications for interventions, to intervene for holy mission, to intervene for Human Rights and democracy, or intervene for antiterrorism.The third part covers the international regulations of Humanitarian Intervention, i-e-, how Humanitarian Intervention should be conducted. The author analyzes the influence of international regulation upon Human Rights and Humanitarian Intervention, and comments on the institutions of international protection of Human Rights. The authors finally thinks that strict regulation should be carried out in Humanitarian Intervention and principles and specific rules shall be paid much attention to. Why and how to restrict interventions still need to be concerned by community of nations. By simple definition, we should emphasizes three key phrases, saving lives, no self - interest, and the last use offeree, in Humanitarian Intervention.