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Dilemmi morali e legali dell'intervento militare umanitario: il caso della Libia- Legal and Moral Dilemmas of Military Humanitarian Intervention: the case of Libya

The analysis of this work is focused on the “Military Humanitarian Interventions”. D. Chatterje and D. Scheid define them as “military actions with humanitarian purposes, intended to rescue and protect people in a foreign territory from gross violations of their basic human rights”. The word “intervention” is referred to a coercive action by a foreign party (or parties) that takes place within a sovereign state. Another definition is provided by S. Hoffman that argue they are “outside interventions entailing a resort to force, or to forces, in the domestic affairs of a country, in order to protect people from extreme violence”. Recent international conflicts, especially in the last decades, put in evidence the increasing relevance of the notion of “military humanitarian intervention”. The use of military force for humanitarian purposes led by one, or by a coalition of states, against a member of the International Community, raises several questions on different dimensions of analysis, all considered in this work. Regarding the legal side, it is necessary to understand how and if it is legally possible to intervene against a state for humanitarian reasons whereas from a moral point of view, the question is how and if this kind of intervention could be considered either permissible, or obligatory. About the first dimension, it becomes necessary to analyse the normative antinomies that raise from the legal protection of different international values in the International Community, such as the territorial sovereignty of states , the safeguard of basic Human Rights and the maintenance of Peace and International security. In general, we should answer the question of whether it is legally possible to intervene militarily against a sovereign state for humanitarian reasons and if so, how. So, who has the authority to authorise a military operation of this kind? And following what rules and criteria? For what kind of violations is it possible, or mandatory, to intervene? Regarding the moral concerns, it seems necessary to understand if these kinds of interventions could be permissible, or maybe if, in some situations, the use of military force for humanitarian purposes represents a moral duty for the International Community. Here the questions that arise are quite similar: Is it possible (and if so, in what cases), to find a moral justification of an intervention in the name of Human Rights? Who should have the moral authority to decide? Is it possible to find ethical criteria for a military intervention? Moreover, crucial problems such as the effective implementation of these military operations and their consistency arise around this issue. The aim of this work is not to establish absolute truths, but to analyze critically every aspect of a fundamental issue in which every decision of the International Community (action or inaction), corresponds to a different attitude towards the behaviour of the states, and, as a consequence, towards millions of individuals. In this context, the analysis of the recent dramatic events in Libya, in the second section of this work, will provide concrete opportunities for reflexion. In the final section of the work, I will support the idea that the International Community has a duty to intervene, in extreme situations, assessing both the legal and moral concerns previously analyzed.

Mostra/Nascondi contenuto.
Introduction. The progressive affirmation of the necessity to protect worldwide some basic human rights of individuals is one of the most important development of the international legal system. Human rights belong to each individual, exclusively because they belong to humanity, independently if whether they are codified or not in a legal body, because no government can refuse to acknowledge those rights. In the first article of the UN Charter is established that the organization has the duty to “encourage the respect of human rights and of fundamental liberties ”. Human Rights are nowadays codified in many international treaties, as well as in national laws and constitutions. The protection of human rights can be considered as a supreme value and necessity for the International Community. This high sensitivity raises the complex question of how this protection can be guaranteed when states ( the primary subjects that should offer that protection), violate systematically the basic human rights of people in their territory. At the same time, the respect for independence and sovereignty of states is a fundamental principle of the international law. This means that every state has territorial sovereignty and that no one could interfere in its internal matters, in order to protect its “domestic jurisdiction ”. Beyond the protection of these international principles, legal and moral dilemmas become self-evident. How is it possible to protect individuals from violations of human rights caused by governments, in cases in which diplomatic efforts and negotiations have been useless? Could a military intervention led for humanitarian purpose be morally justified? Is a military intervention in the name of human rights always a covert pursue of national interests, or it could be a sincere attempt to stop massacre thereby representing a moral duty for the international community? In this context, it is important to understand both from the legal and moral point of view, whether the territorial sovereignty of the states can be thought as unfettered and then analyse what can be done, precisely, in particular cases in which states violate systematically fundamental norms of the international law, like those concerning the protection of individuals ’ human rights. In 7

Tesi di Laurea Magistrale

Facoltà: Scienze Politiche

Autore: Giuseppe Gabriele Pulvirenti Contatta »

Composta da 87 pagine.

 

Questa tesi ha raggiunto 69 click dal 19/07/2012.

 

Consultata integralmente 2 volte.

Disponibile in PDF, la consultazione è esclusivamente in formato digitale.