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Others shine a light on the potential adverse effects of such interventions, even where they are motivated primarily by humanitarian concern. While some of these unwanted consequences will be familiar to readers, others have been largely neglected in the scholarship. The volume also tracks the evolution of the R2P norm, and draws attention to how it has evolved, for better or for worse, since UN member states unanimously accepted it over a decade ago. In some respects, the norm has been distorted to yield prescriptions, and to impose constraint, fundamentally at odds with the spirit of the R2P idea.

This gives us all the more reason to be cautious of unwarranted optimism about humanitarian intervention and the Responsibility to Protect. Keywords: Humanitarian intervention , Responsibility to Protect , foreign policy , national interest , evolution of norm , UN member states. Forgot password? Don't have an account? All Rights Reserved.


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Introduction

But when Christianity became the official religion of the Roman Empire with the Edict of Milan , a more positive stance regarding war was called for. In this context Augustine maintained that war may be evil but nevertheless some wars are ordained by Providence because they are just. The essence is a just cause: to defend a state from invasion, to safeguard its safety and honour, to avenge injuries or to punish another state for its wrongdoing, provided the war is not aimed at territorial aggrandizement or revenge and not motivated by a delight in violence.

The arbiter of whether a war is just is God, which amounted to human conscience. Thomas Aquinas in the thirteenth century presented the just war tradition as a coherent set of rules. For Augustine, the injury provided the just cause for war, while for Aquinas it was the culpability of the wrongdoer. The next major contribution to just war came from the four founders of international law as they tend to be regarded today: the Spaniards Francisco de Vitoria and Francisco Suarez of the University of Salamanca, the Italian Alberico Gentili of Oxford University, and Hugo Grotius.

Vitoria is also known for the principle of distinction non-combatant immunity : that the innocent should not be the object of deliberate killing in a war. The innocent should be spared and he did not condone waging war against backward non-Christian peoples. For Gentili, a war could be just if based on honour, necessity or expediency and if it is a last resort.

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For Grotius, just causes are 1 defence of persons and territory, 2 recovery of what is due to the aggrieved state, 3 inflicting punishment on the wrongdoer, 4 sufficient justification, 5 costs and evil from the war not greater than the good that would come about from the war, and 6 war as a last resort. Grotius, like his predecessors, was also concerned with the jus in bello aspect. Unjust causes were the desire to acquire rich lands and conquer others on the pretext that it is for their own good.

On the Renaissance roots of humanitarian intervention there is disagreement as to the progenitors and as to whether such roots exist in the first place. From until recently, the conventional view was that Grotius was the precursor. Peter Haggenmacher and Theodor Meron regard the concept as pre-Grotian and see Gentili as the progenitor, 24 from whom Grotius had picked up the idea without mentioning Gentili, despite his obvious debt to him. More recently Vitoria has been mentioned as the progenitor by an increasing number of scholars. However, the view that Grotius is the progenitor lingers on.

The argument that saving people from maltreatment was a justification for colonialism and imperialism is levelled mainly at Vitoria and Grotius see below. Interestingly, Renaissance writers, notably Gentili and Grotius, believed that their views on assisting the oppressed had roots in Greek and Roman antiquity. In particular they harked back to Cicero and especially to Seneca, whom they used to buttress their stance.

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Grotius also mentions another precursor, Pope Innocent IV, and he names Vitoria and three of his Spanish contemporaries as being opposed to this view. For Cicero there were two kinds of injustice, one resulting from injury and the other from not averting injury to others, if one has the power to do so.

Aware that this was open to abuse, he added the need for papal authorization. To begin with, there is an earlier possible progenitor, Thomas More, in his Utopia The writer was undoubtedly a Huguenot French Calvinist but the authorship of the book still remains a mystery. The most likely authors are two distinguished personalities of the time, Hubert Languet, a French lawyer and diplomat, and Philippe de Mornay known as Duplessis-Mornay , a French theologian and activist the two were close friends.


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  • Vindiciae and De jure magistratuum advocated outside intervention if a prince persisted in his violent course and if other remedies had been tried but had failed. Are we then to surmise that Languet or Mornay and Beza are the progenitors or among the progenitors of the concept? We need to bear in mind that we are dealing with polemical tracts, whose agenda was to save Protestants being persecuted for religious reasons.

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    However, in their works they also referred to people in general and especially to suffering women and children. Now let us examine Bodin, who has been bypassed on this question even more than the monarchomachs.

    Bodin was a moderate Catholic vexed by the French onslaught against the Huguenots. As an enlightened royalist he agreed with the Huguenots that the conflict had been provoked by the monarch, but he feared for the existence of the sovereign state and regarded sanctioning resistance as the recipe for chaos and anarchy. His prudent stance may have been due to the fact that, at the time, Charles V demanded that there should be no writing or lecturing on the Indian question.

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    Suarez was more circumspect and barely fits the role of precursor attributed to him by Meron. Now we come to Grotius. The Dutch jurist and diplomat argued that war is lawful against those who offend the law of nature, 88 but made no reference in this regard to Gentili, despite his more than obvious debt to him. He is best known on this question for two passages in his celebrated De jure belli ac pacis The first passage starts thus:a Kings … have the right of demanding punishments not only on account of injuries committed against themselves or their subjects, but also on account of injuries which do not directly affect them but excessively violate the law of nature or of nations in regard to any persons whatsoever.