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3 - The liberal case for humanitarian intervention

Published online by Cambridge University Press:  27 July 2009

Fernando R. Tesón
Affiliation:
Scholar Professor of Law Florida State University; Permanent Visiting Professor Universidad Torcuato Di Tella School of Law, Buenos Aires, Argentina
J. L. Holzgrefe
Affiliation:
Duke University, North Carolina
Robert O. Keohane
Affiliation:
Duke University, North Carolina
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Summary

Introduction

In this chapter I argue that humanitarian intervention is morally justified in appropriate cases. The argument centrally rests on a standard assumption of liberal political philosophy: a major purpose of states and governments is to protect and secure human rights, that is, rights that all persons have by virtue of personhood alone. Governments and others in power who seriously violate those rights undermine the one reason that justifies their political power, and thus should not be protected by international law. A corollary of the argument is that, to the extent that state sovereignty is a value, it is an instrumental, not an intrinsic, value. Sovereignty serves valuable human ends, and those who grossly assault them should not be allowed to shield themselves behind the sovereignty principle. Tyranny and anarchy cause the moral collapse of sovereignty.

I supplement this argument with further moral assumptions. The fact that persons are right-holders has normative consequences for others. We all have (1) the obligation to respect those rights; (2) the obligation to promote such respect for all persons; (3) depending on the circumstances, the obligation to rescue victims of tyranny or anarchy, if we can do so at a reasonable cost to ourselves. The obligation in (3) analytically entails, under appropriate circumstances, the right to rescue such victims – the right of humanitarian intervention. Because human rights are rights held by individuals by virtue of their personhood, they are independent of history, culture, or national borders.

Type
Chapter
Information
Humanitarian Intervention
Ethical, Legal and Political Dilemmas
, pp. 93 - 129
Publisher: Cambridge University Press
Print publication year: 2003

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