Intervention in a 'Divided World': Axes of Legitimacy17 Eur. J. Int’l L. 743 (2006)
AbstractAbstract: In the post-2001 era, many fear that the “international community” that had been developing in the years after the Cold War is becoming irremediably divided. Challenges to the “international community” have come from such radically disparate quarters as U.S. unilateralism and Islamicist attacks on allegedly “western” internationalism. Many worry that such divisions will severely hamper the ability of the international community to intervene in local crises, whether for humanitarian purposes or to stop ethnic conflict. This article challenges the major assumptions upon which this common view is based. First, it rejects the notion that the “international community” ever had the kind of unity that is retrospectively attributed to it. Secondly, it rejects the notion that such an illusory unity is necessary for the legitimacy of international interventions even of the boldest variety. Rather, by examining recent fears in light of the history of bold international action since World War I, it develops a complex schema for evaluating forms of international legitimacy and forms of critique of that legitimacy. In light of this analysis, it shows how legitimacy can be achieved, even if only provisionally, even under the most fractious international conditions. In particular, it shows how the achievement of such legitimacy depends on distinguishing actions in the name of internationalism from seemingly similar actions that lie in international law’s discredited colonial past. The article both discusses relatively recent events, in particular Iraq and Kosovo, and places these events in historical perspective, drawing on analogies from the colonial era, such as the French Protectorate in Morocco, from international actions to resolve nationalist conflict in Europe in the 1920s, from the response to the Italian and German attacks on international legal order in the 1930s, and from the Cold War.
- International law; humanitarian intervention; ethnic conflict; United Nations; legal history; colonialism;
Citation InformationNathaniel Berman. "Intervention in a 'Divided World': Axes of Legitimacy," 17 Eur. J. Int’l L. 743 (2006); to be reprinted in Human Rights, Intervention and the Use of Force (P. Alston ed., Oxford University Press, 2006) (forthcoming)