This paper lists some of the issues involved in humanitarian intervention
that were discussed during the exchange of
ideas between the Permanent Representatives to the United Nations in
New York of the countries members of
the Rio Group on 11 and 25 October 2000. The contents of the paper are
submitted for the consideration of the
Ministers for Foreign Affairs, as an input in the deliberations that
are currently taking place on this subject.
A concept that remains to be defined
1. Definition and constituent elements:
There is no universally accepted definition of humanitarian intervention,
nor has agreement been
reached on its constituent elements. It will therefore be necessary
to discuss, debate and analyse in
detail and with the active participation of all States the concept of
humanitarian intervention.
2. Novelty of the question:
Even though the discussion has been particularly intense in recent
times, the issue predates the report
which the Secretary-General submitted to the General Assembly in 1999.
3. Proliferation of academic studies:
The complexity of the issue has spurred academic work by universities
in various parts of the world,
as well as similar initiatives, such as those of the Government of Canada,
through an international
commission of experts.
Intervention and assistance
4. Humanitarian intervention and military intervention:
During the meetings, the question was raised as to whether the use
of military force was an essential
element of the concept of humanitarian intervention.
5. Humanitarian intervention and humanitarian assistance:
Humanitarian assistance is a universally accepted mechanism that requires
the express consent of the
receiving State and is regulated by various decisions of the General
Assembly. Humanitarian
intervention would refer to another phenomenon and would not be governed
by the same criteria.
The principle of non-intervention in Latin America and the Caribbean
6. The tradition of Latin America and the Caribbean:
The region's legal contribution to the principle of non-intervention
in the Inter-American system and
at the global level, as well as its political and historical experience,
are a historical patrimony that
could also contribute to the debate on humanitarian intervention, which
in turn would permit us to
anticipate the definitions through actual experience. At the same time,
the consolidation in the region
of democratic regimes that are respectful of human rights is consistent
with the idea of placing limits
on impunity at the national and international levels.
Universality of humanitarian intervention
7. Scope of acceptance:
Once the constituent elements of humanitarian intervention have been
defined, would it be possible to
achieve its universal acceptance? If its acceptance is only regional,
what form should the political
dialogue take with other regions that do not accept the same definition?
8. Scope of application:
What would be the scope of application of humanitarian intervention?
In other words, would the
concept be reserved for application as the instrument of a group of
countries with the power to
enforce it?
Causes of and justification for humanitarian intervention
9. Causes:
What are the circumstances that can justify humanitarian intervention?
Would intervention be justified
for reasons of genocide, crimes against humanity and war crimes, which
up until now are crimes that
fall within the competence of the International Criminal Court, or will
there also be other justifications
and what will these be?
10. Justification and the ethical imperative:
Once the objective causes that would justify humanitarian intervention
are established, would
intervention be justified in all cases? How can a balance be found between
the urgent need for an
adequate response to humanitarian crises and the need to respect the
sovereign integrity of States?
11. Qualification of the causes and justification.
Who will determine whether or not objective causes exist for humanitarian
intervention? Who will
determine whether or not intervention is justifiable? What are the risks
that threaten the universal
application of the concept?
Humanitarian intervention and the United Nations
12. Respect for the United Nations Charter:
The validity of and respect for the Charter of the United Nations
are the condition sine qua non for
any action to be accepted as humanitarian intervention. Action taken
unilaterally by a State or group
of States outside the framework of the Charter is unacceptable.
13. Consideration by the General Assembly:
The subject of humanitarian intervention has not been taken up by
the General Assembly, despite the
continuing controversy that was spurred by the Secretary-General's presentation
of the concept to
the General Assembly. Are the Assembly's working mechanisms, such as
open-ended working
groups, informal consultations in plenary meeting or other modalities
agreed upon by consensus
suitable for consideration of the issue?
14. Consideration by the Security Council:
In practice, the Security Council has taken decisions that have been
termed humanitarian
interventions.
15. Relationship with other organs of the United Nations system:
What would be the relationship between what is or is not humanitarian
intervention and the work of
the international tribunals established by the Security Council and
possibly the tribunals now being
created such as the International Criminal Court? What type of relationship
will it have with the work
of the Commission on Human Rights, the special rapporteurs, and the
High Commissioners for
Human Rights and Refugees, among others? What would be the impact of
the legal effects of the
concept of humanitarian intervention on the work of these United Nations
organs?
16. United Nations reform:
How would the reform of the United Nations affect the debate on humanitarian
intervention?
Competent organ for authorising humanitarian intervention
17. The United Nations Security Council:
Is the Security Council the only organ competent to authorise humanitarian
intervention?
18. The veto:
How can the desire to have a universally accepted concept of humanitarian
intervention be
reconciled with the existence of the veto in the hands of five members
of the international
community?
19. Regional organisations:
Do regional organisations have any role to play in humanitarian intervention
in the light of the Charter
of the United Nations?
