Humanitarian Intervention, the Responsibility to Protect and jus in bello

Humanitarian Intervention, the Responsibility to Protect and jus in bello Global Responsibility to Protect 1 (2009) 364–391 © Koninklijke Brill NV, Leiden, 2009 DOI 10.1163/187598409X450811 brill.nl/gr2p Humanitarian Intervention, the Responsibility to Protect and jus in bello * James Pattison University of the West of England, Bristol Abstract Th is article assesses the moral importance of a humanitarian intervener’s fi delity to the principles of international humanitarian law or jus in bello (principles of just conduct in war) . I begin by outlining the particular principles of jus in bello that an intervener should follow when discharg- ing the responsibility to protect, drawing on Jeff McMahan’s recent work. Th e second section considers more broadly the moral underpinnings of these principles. I claim that consequential- ist justifi cations of these principles cannot fully grasp their moral signifi cance and, in particular, the diff erence between doing and allowing . Overall, I argue that these principles are (i) more important and (ii) more stringent in the context of humanitarian intervention. Keywords humanitarian intervention; jus in bello ; the Responsibility to Protect, doing and allowing; the Doctrine of Double Eff ect Introduction Th e problematic conduct of those undertaking humanitarian intervention has often been documented. In Somalia in 1992, for example, http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Global Responsibility to Protect Brill

Humanitarian Intervention, the Responsibility to Protect and jus in bello

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Publisher
Martinus Nijhoff
Copyright
© 2009 Koninklijke Brill NV, Leiden, The Netherlands
ISSN
1875-9858
eISSN
1875-984X
D.O.I.
10.1163/187598409X450811
Publisher site
See Article on Publisher Site

Abstract

Global Responsibility to Protect 1 (2009) 364–391 © Koninklijke Brill NV, Leiden, 2009 DOI 10.1163/187598409X450811 brill.nl/gr2p Humanitarian Intervention, the Responsibility to Protect and jus in bello * James Pattison University of the West of England, Bristol Abstract Th is article assesses the moral importance of a humanitarian intervener’s fi delity to the principles of international humanitarian law or jus in bello (principles of just conduct in war) . I begin by outlining the particular principles of jus in bello that an intervener should follow when discharg- ing the responsibility to protect, drawing on Jeff McMahan’s recent work. Th e second section considers more broadly the moral underpinnings of these principles. I claim that consequential- ist justifi cations of these principles cannot fully grasp their moral signifi cance and, in particular, the diff erence between doing and allowing . Overall, I argue that these principles are (i) more important and (ii) more stringent in the context of humanitarian intervention. Keywords humanitarian intervention; jus in bello ; the Responsibility to Protect, doing and allowing; the Doctrine of Double Eff ect Introduction Th e problematic conduct of those undertaking humanitarian intervention has often been documented. In Somalia in 1992, for example,

Journal

Global Responsibility to ProtectBrill

Published: Jan 1, 2009

Keywords: JUS IN BELLO; THE RESPONSIBILITY TO PROTECT; DOING AND ALLOWING; THE DOCTRINE OF DOUBLE EFFECT; HUMANITARIAN INTERVENTION

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