The Legal Aspects of Humanitarian Intervention Based on the Intervention in Somalia: what significance does the intervention in Somalia have for the legal status of humanitarian intervention?

Abstract

The lawfulness of humanitarian intervention and its position in international law has been highly disputed and debated. This thesis will address the question of whether or not humanitarian intervention is a legal use of force in international law and if the humanitarian intervention in Somalia was a lawful humanitarian intervention. The thesis will also look at what significance the intervention in Somalia has had for the legal status of humanitarian intervention and for later interventions. The thesis will present the legal material dealing with humanitarian intervention, where the UN Charter plays a significant role, and show that the Charter permits authorized humanitarian interventions. Furthermore, the thesis will discuss the intervention in Somalia and demonstrate that the intervention was in fact a lawful humanitarian intervention. Finally, the thesis will address the question of whether or not the intervention in Somalia has had any significance for the legal status of humanitarian intervention and later interventions. In regards to the legal status of humanitarian intervention, the emphasis is on the practice of the Security Council under Chapter VII of the Charter. In regards to the significance for later interventions, the thesis will state the significance the intervention in Somalia had for the lack of timely interference in the genocide in Rwanda.