Nw HUM E Digitally Signed by: Content DN : CN = Weabmaster’s nam O= University of Nigeria, Nsu OU = Innovation Centre wamarah Uche Faculty of Law DEPARTMENT OF INTERNATIONAL LAW AND JURIS MANITARIAN INTERVENTIONS AND THE UNITED NATIONS EXAMINING THE LEGALITY OF THE USE OF FORCE IN HUM ENFORCEMENT ATTOH NONSO ROBERT REG NO: PG/LLM/O4/ 38392 manager’s Name me ukka SPRUDENCE CHARTER: RE- MAN RIGHTS
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Faculty of Law - University of Nigeria, Nsukka PAGESFINAL.pdfAttoh Nonso Robert April 2013. ABSTRACT “…if humanitarian intervention is, indeed, an unacceptable assault on sovereignty,
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Nwamarah Uche
HUMANITARIAN INTERVENTIONS AND THE UNITED NATIONS CHARTER: RE
EXAMINING THE LEGALITY OF THE USE OF FORCE IN
Digitally Signed by: Content manager’s
DN : CN = Weabmaster’s name
O= University of Nigeria, Nsukka
OU = Innovation Centre
Nwamarah Uche
Faculty of Law
DEPARTMENT OF INTERNATIONAL LAW AND JURISPRUDENCE
HUMANITARIAN INTERVENTIONS AND THE UNITED NATIONS CHARTER: RE
EXAMINING THE LEGALITY OF THE USE OF FORCE IN HUMAN RIGHTS
ENFORCEMENT
ATTOH NONSO ROBERT
REG NO: PG/LLM/O4/ 38392
: Content manager’s Name
Weabmaster’s name
a, Nsukka
DEPARTMENT OF INTERNATIONAL LAW AND JURISPRUDENCE
HUMANITARIAN INTERVENTIONS AND THE UNITED NATIONS CHARTER: RE-
HUMAN RIGHTS
UNIVERSITY OF NIGERIA, ENUGU CAMPUS
SCHOOL OF POSTGRADUATE STUDIES
FACULTY OF LAW
DEPARTMENT OF INTERNATIONAL LAW AND JURISPRUDENCE
TOPIC:
HUMANITARIAN INTERVENTIONS AND THE UNITED NATIONS
CHARTER: RE-EXAMINING THE LEGALITY OF THE USE OF
FORCE IN HUMAN RIGHTS ENFORCEMENT
BEING
A DISSERTATION PRESENTED TO THE FACULTY OF LAW,
UNIVERSITY OF NIGERIA, ENUGU CAMPUS IN PARTIAL
FULFILLMENT OF THE REQUIREMENTS FOR THE AWARD OF
MASTER OF LAWS DEGREE
(LL.M)
BY
ATTOH NONSO ROBERT
REG NO: PG/LLM/O4/ 38392
APRIL 2013
UNIVERSITY OF NIGERIA, ENUGU CAMPUS
SCHOOL OF POSTGRADUATE STUDIES
FACULTY OF LAW
DEPARTMENT OF INTERNATIONAL LAW AND JURISPRUDENCE
TOPIC:
HUMANITARIAN INTERVENTIONS AND THE UNITED NATIONS
CHARTER: RE-EXAMINING THE LEGALITY OF THE USE OF
FORCE IN HUMAN RIGHTS ENFORCEMENT
BEING
A DISSERTATION PRESENTED TO THE FACULTY OF LAW,
UNIVERSITY OF NIGERIA, ENUGU CAMPUS IN PARTIAL
FULFILLMENT OF THE REQUIREMENTS FOR THE AWARD OF
MASTER OF LAWS DEGREE
(LL.M)
BY
ATTOH NONSO ROBERT
REG NO: PG/LLM/O4/ 38392
SUPERVISOR: PROFESSOR B. OBINNA OKERE
APRIL 2013
CERTIFICATION
This is to certify that this research work was carried out by Attoh, Nonso Robert, a
postgraduate student in the Department of International Law and Jurisprudence with
registration number PG/LL.M/04/38392, for the award of Master of Laws degree. This work
is the original work and has not been submitted in part or in full for the award of any degree
in this or any other institution.
................................................
Attoh, Nonso Robert
.................................................
Professor B. Obinna Okere
................................................
Professor Ifeoma Enemo
DVC/Supervising Dean
ACKNOWLEDGEMENTS
My gratitude first extends to my creator who made it possible to still complete this
dissertation despite very tremendous challenges.
I am most particularly grateful to my erudite and very polished supervisor, Professor B.O
Okere who had provided the motivation and passion for international law. His intellectual
sagacity and very clear grasp of issues in this area and in all aspects of international law
drove me to explore new vista in the vexed debate on humanitarian intervention.
His encouragement during the period of health crisis and challenges cannot be overlooked
and am most grateful that I passed through his tutelage and supervision.
The entire staff of the Faculty of law both academic and non-academic contributed in no
small way in ensuring that this work was completed. The camaraderie, support and willing
sharing of burdens, I cannot repay but I continually remember with joy.
And to my father, Mr Vincent Attoh, for his belief in his son and words of encouragement,
my mother, Mrs Lenah Attoh, who was always there in the toughest moment, praying and
sacrificing- I owe you a debt that only eternity can suffice to repay.
To my loving sisters, Chinwe Eboh, Edith Attoh, Victoria Yusuff, Vivian Omekam and
Elizabeth Ifeajuna, your love and support was like an elixir that kept me alive and going.
And Maurice Attoh, I am glad you willingly stood behind me.
Attoh Nonso Robert
April 2013.
ABSTRACT
“…if humanitarian intervention is, indeed, an unacceptable assault on sovereignty, how
should we respond to a Rwanda, to a Srebrenica – to gross and systematic violations of
human rights that affect every precept of our common humanity?” - Kofi Annan.
Since the signing of the UN Charter human rights have assumed a position of great
importance in international relations with the adoption of so many international conventions
legally recognizing the rights set out under the Conventions and treaties. Coterminous with
this growing status of human right was the emergence of dictatorial governments bent on
denying those rights to their subjects. This situation led to a revival of the debate on the
legality of humanitarian intervention in another sovereign state for the purpose of enforcing
compliance and respect for human rights. The Arab spring provided an opportunity to test the
effectiveness of the world’s resolve and mechanisms for ensuring compliance with human
rights obligations. From Tunisia, to Egypt to Libya and currently to Syria, dictatorial
governments came up against protests from their citizens and many reacted violently leading
to international reactions from the community of states and the United Nations. Despite the
seeming agreement on the “responsibility to protect” doctrine adopted in the World Summit
Outcome Document and the apparent moral and ethical imperatives to protect the vulnerable,
the issues surrounding intervention remain conflicting and unresolved. This has been most
illustrated by the cases of Darfur and Syria. The controversy concerning humanitarian
interventions revolves around its legality in view of the concept of state sovereignty and the
principle of non- interference in the domestic affairs of states as codified in the United
Nations Charter, as well as the Charter rules on the use of force. In this work we examine the
current state of these debates and seek to contribute to the question of the legality of
humanitarian intervention from the United Nations Charter and Security Council precedents,
as well as proffer solutions to the vexed question posed by Kofi Annan on how to respond to
gross violation of human rights that affect the precepts of our common humanity. Divided
into seven chapters, the first chapter is a general introduction, while chapter two examines the
meaning of humanitarian intervention adopted in the work as well as its history. Chapter
three examines the use of force in international law while chapter four examines
humanitarian intervention in the light of sovereignty and human rights protection. Chapter
five is a case study of humanitarian interventions in the post cold war era in an attempt to
discover whether customary international law rule has been established in this area. Chapter
six examines the new concept of “responsibility to protect” while chapter seven concludes the
work and sets out our recommendations.
Nonso Attoh
2013.
TABLE OF CONTENTS
Title Page.............................................................................................................. i
Certification.......................................................................................................... ii
Dedication............................................................................................................. iii
Acknowledgements............................................................................................... iv
Abstract................................................................................................................. iv
Table of Contents.................................................................................................. v
Table of Cases....................................................................................................... viii
Table of Statutes................................................................................................... ix
Table of Abbreviations.......................................................................................... xi
CHAPTER ONE: INTRODUCTION
1.1 Background of the Research.............................................................................. 1
1.2 Statement of the Problem.................................................................................. 3
1.3 Research Questions........................................................................................... 4
1.4 Objectives of the Study..................................................................................... 4
1.5 Scope of the Study.............................................................................................. 6
1.6 Literature Review................................................................................................ 6
CHAPTER TWO: HUMANITARIAN INTERVENTION IN INTERNATIONAL LAW
2.1 Definition and meaning of humanitarian intervention.......................................... 26
2.2 Historical Development of Principles of Humanitarian Intervention................... 41
2.3 Theoretical Foundation of the Debate on Legality of Intervention....................... 56