International Law Issues Of Humanitarian Intervention

Humanitarian intervention has been controversial in the theory and practice ofinternational law. The events in Libya in2011, the large-scale air raids and militarystrikes carried by NATO which in the name of "humanitarian intervention", isattracting wide attention and heated debate in the international community to thisproblem. This article is the incident as an opportunity to discuss on the theory of"humanitarian intervention" and problems involving the analysis.On the structure of the article, the total is divided into four chapters:The first chapter is the definition of humanitarian intervention. Humanitarianintervention is a controversial issue, the international community has no uniformunderstanding and definition, it is always a relatively vague concept. Therefore, inthis chapter, the author first try to explore the theory of the origin and history of thedevelopment of humanitarian intervention, then seek the qualities of humanitarianintervention, defined connotations of humanitarian intervention. Between the broadand narrow, I prefer the narrow sense of the theory of humanitarian intervention, sothis article will carry on the detailed analysis in order to analyze and discuss this onthe basis of humanitarian intervention in Libya.The second chapter is a reaction of "humanitarian intervention" in the Libyanincident. The entire Libyan events will first described in this chapter, that is the wholestory of NATO on Libya’s "humanitarian intervention", aims to grasp the wholeLibyan events. Based on the understanding of the entire event this chapter will revealthe essence of NATO’s so-called "humanitarian intervention", which is a cloak oflegitimacy put on by Western countries that based on their own political, economicinterests to consider the interference in the activities.After fully explained and elaborated the theory of humanitarian intervention andthe Libyan events, the third chapter, that is the main content of this article is theawareness of the issue of "humanitarian intervention" to reflect on the Libyan events.First is the discussion on legitimacy， the NATO’s so-called "humanitarianintervention" to Libya serious departure from the decision of the Security Council Resolution1973, also in violation of the basic principles of international law andinternational humanitarian law, and the large-scale air strikes and military blow notonly failed to protect Libyan civilians, but in a more serious humanitarian disaster, soNATO’s "humanitarian intervention," has no legitimacy at all. The second part is thereasonable analysis. Even though the NATO’s "humanitarian intervention" appears tobe acceptable in ethics, but both from a practical necessity, or from the effect of thepractice don’t have rationality. So, there is no reasonable in terms of its intervention inLibya. The third chapter elaborates the theory of the "responsibility to protect", andon this basis to reflect the Libyan events "humanitarian interference problem analysis,namely to improve the theory of the" responsibility to protect "strengthen limit isextremely necessary for the purpose of military action to protect the people, otherwise,the "responsibility to protect" will be the same like the theory of "humanitarianintervention" to become an excuse for Western powers to serve their own interestsand wanton interference in his country, and international Social discarded.The fourth chapter is the conclusion of the article. By the preceding summaryand analysis, I think that the NATO’s intervention in Libya is not a humanitarianintervention on purely humanitarian grounds, they carried out a large-scale air raidsand on one hand, the military strikes against the Security Council Resolution1973and the basic principles of international law as well as international humanitarian law;on the other hand, reckless indiscriminate bombing has not only failed to protectcivilians in Libya but actually worsened the humanitarian disaster in Libya. SoNATO’s intervention in Libya is neither legitimacy nor rationality. Even from thepoint of view of the "responsibility to protect", the NATO’s intervention in Libya alsodoes not have the legitimacy and legality.