‌Humanitarian Uses of Force

Working Paper 2011:03

Author: Christian J. Tams (Professor of International Law, School of Law, University of Glasgow)

This paper considers the current legal standing, shaped by the UN Charter, for humanitarian uses of force to protect the rights of others. Any normative system seeking to address the question of whether force can be used has to strike a balance between two considerations: (i) the desire to restrict the availability of force, and (ii) the interest in seeing human rights effectively protected. How this balance is struck depends on the relative importance accorded to each, as well as on the modalities of the use of force. The UN Charter has set the parameters by prohibiting the use of military force in the international relations between States and by explicitly recognizing two relevant exceptions – the inherent right to self-defence and military enforcement mandated by the Security Council. What is uncertain is whether these express rules, or possible unwritten rules that have evolved alongside them, accommodate humanitarian concerns, or ought to do so. This question has prompted much debate, notably under the rubric of ‘humanitarian intervention’. The subsequent considerations reflect on these debates, but adopt a broader approach that includes other humanitarian uses of force – resort to military violence with a view to protecting human rights of others – as well, notably UN-mandated interventions, armed struggles against colonialism and military operations to rescue nationals from abroad. It is hoped that this broader focus will enable us to avoid the “tunnel vision” besetting entrenched contemporary debates about humanitarian intervention, and to appreciate the dynamic evolution of the Charter regime.