Assessment Of "Humanitarian Intervention"

"Humanitarian Intervention" has been a hot issue in the domain of international law. However, in practice, humanitarian intervention is often used as a hegemonic tool or causes an even greater humanitarian disaster, and with strong nation chauvinism color it even posed a challenge to the basic principles of international law. Humanitarianism should be the values we intend to preach, but due to the ubiquity of hegemony and power politics of the world today, humanitarian has been cast a layer of clouds, it has never been easy to see the truth.Based on the general elaboration on humanitarian concepts, the thesis studies the cases of the humanitarian intervention of the Western powers. Then it further analyses the humanitarian intervention acts of the Western countries with Marxist concept of humanitarianism. It then explores possible recommendation regarding regulation of humanitarian intervention.Humanitarian intervention violates the humanitarian spirit of Marxism. It has been exploited by some countries as a tool to achieve certain political objectives. Their acts do not fulfill humanitarian purpose, but also have trampled on human rights, and destroyed just and equitable international social order, so it is necessary to take appropriate measures to curb these unlawful acts of humanitarian intervention.This thesis makes some suggestions to regulate unlawful humanitarian intervention in three aspects as follows.In the first place, it is carried out from the reform of the United Nations collective security mechanism. The gist of the UN reform is to improve it in aspects of timely and effective maintenance of world peace and security. The United Nations must play a greater role to respond to humanitarian disasters, proliferation of weapons of mass destruction and the threat of terrorism. It needs to improve the principle of consensus of the powers. In accordance with the summary of China’s participation in UN affairs experience, one point is that to unswervingly hold highly the banner of peace, development, cooperation and to implement relations among major powers by consensus. It is useful to safeguard the only authoritative status of the United Nations on the issue of the use of force. Humanitarian intervention should be strictly restricted within the limits prescribed in Chapter7of the Charter of the United Nations. Before the Security Council taking military actions, the first step should be the approach to the peaceful negotiation, and only enough to stop the Security Council to take military action. In addition, only the Security Council has the capacity to judge and to take military action collectively. Any country or countries should not take unilateral military action. Humanitarian intervention behavior taken by the Security Council of the United Nations must be controlled within certain limits, on the one hand, the use of force must be appropriate, that is, the use of force, the volume, type, intensity, object classes, geographical scope and duration of a sense of propriety, with humanitarian commensurate’ to interfere in the mission of the nature of the specific purpose, object properties, has been the degree of resistance, resistance to the way other factors, to be commensurate with the severity of the situation, the specific actions of humanitarian intervention is humane.Secondly, the role of the "responsibility to protect" should be better developed. The premise of activating "responsibility to protect" principle should be the authorities of a country which is unable to avoid the massacre, war crimes, ethnic cleansing and crimes against humanity in the country, then the international community could interfere in the country’s civil war. It is included in the United Nations Summit that the "responsibility to protect" has at least three pillars. One is that it is still believed that the sovereign state is to protect its citizens. Moreover, the role of the international community is to support the government of a sovereign state only to promote their ability to bear the responsibility to protect citizens. Finally, if the international community really wants to take collective actions (including military intervention), they can be carried out under the framework of the Charter of the United Nations only.Last but not the least, it is important to enhance the strength of the developing countries so as to curb the interference of the big powers. The United Nations should therefore be developed as a major task to improve the mechanisms to encourage intelligence in guiding the formation of a consensus law-making to promote participation advantage. Marxist concept of humanitarian should be applied to reduce the humanitarian disaster, to accelerate international rule of law and to promote the construction of a harmonious world.