Kurt Mills and Cian O’Driscoll
In contrast with humanitarian access or the provision of humanitarian assistance, humanitarian intervention is commonly defined as the threat or use of force by a state to prevent or end widespread and grave violations of the fundamental human rights of individuals other than its own citizens, without the permission of the state within whose territory force is applied. In support of their cause, advocates of humanitarian intervention often draw upon and reference the authority of the notional “just war.” The four main ways by which humanitarian intervention has been connected to the idea of the just war relate to the ideals of self-determination, punishment, responsibility, and conditional sovereignty. For a humanitarian intervention to be considered legitimate, there must be a just cause for intervention; the use of force must be a last resort; it must meet the standard of proportionality; and there must be a good likelihood that the use of force will contribute to a positive humanitarian outcome. The historical practice of humanitarian intervention can be traced from the nineteenth century to the recognition of the Responsibility to Protect by the World Summit in 2005 and its application in Darfur. Major conceptual debates surrounding humanitarian intervention include the problematic relation between sovereignty and human rights, the legal status of intervention, the issue of multilateralism versus unilateralism, and the quest for criteria for intervention.
Olga Martin-Ortega, Johanna Herman, and Chandra Lekha Sriram
The relationship between human rights and armed conflict is rooted in historical debates among religious, philosophical, and international legal scholars about the nature of a just war, and appropriate conduct in war, which also have come to underpin and international humanitarian law. An understanding of the links between human rights, war, and conflict can begin with conflict analysis, as human rights violations can be both cause and consequence of conflict. In the most general sense, grievances over the denial or perceived denial of rights can generate social conflict. This may be the case where there is systematic discrimination based upon race, ethnicity, caste, religion, language, gender, or other characteristics. Alternatively, human rights abuses can emerge as a result of violent conflict. A conflict may have been undertaken by the parties primarily out of concern to promote a political or ideological agenda, or to promote the welfare of one or more identity group(s), or over access to resources. Human rights are also potentially transformative of conflicts and may make their resolution a greater challenge. Thus, conflicts that begin as conflicts over resources, religion, or ethnic or territorial claims, may, as they progress, create new grievances through the real and perceived violation of human rights by one or more parties to the conflict.
Truth commissions are temporary institutions that are tasked with investigating patterns of political violence under a prior regime as part of a process of political change. In the past, truth commissions were generally seen as a “second best” alternative in contexts where prosecuting past abuses was deemed unrealistic. Today, they are regarded as important tools for pursuing a wide array of goals, from democratization and reconciliation to human rights protection and individual healing. Early scholarship on the development of truth commissions focused on comparative democratization and on typologies that could be used to predict various transitional justice outcomes. More recently, scholars in the field of international relations have undertaken qualitative and quantitative studies in hopes of understanding what is driving the development of truth commissions. However, opinions differ as to the causes, consequences, and moral implications of truth commissions. Some attribute the proliferation of truth commissions to the growing strength of human rights norms and advocacy, whereas others argue that they merely function to manage the balance of power in transitional contexts, or serve as a basis for advancing values such as justice, democracy, and peace. These debates seem to have only intensified as truth commission scholarship continues to grow. One interesting pattern is that a number of scholars, have questioned the effectiveness of truth commissions in satisfying their own claims to investigate the “truth” about past abuses.