Just war theory revisited : the case for a new legal regime for humanitarian forceful intervention

摘要

The current regime for humanitarian forceful intervention has posed enormous challenges to international law and international relations. This is partly because there is no express provision for the principle in the UN Charter. This status quo has seen a regrettable loss of life and genocidal crimes being committed against civilians. This gap in international law has no doubt given weight to the emerging principle of Responsibility to Protect, which despite the challenges it faces, has made significant strides towards norm building. The current intervention in Libya is a arguably a first true test of the concept. The growing significance of the doctrine has given me the courage to attempt a case for a new, consistent and clear legal regime for humanitarian forceful intervention.