Humanitarian Intervention after Kosovo: Iraq, Darfur and the Record of Global Civil Society

207 Pages·2008·0.8 MB·English

by  Aidan Hehir

Humanitarian Intervention
after Kosovo
Iraq, Darfur and the Record of Global Civil Society
Aidan Hehir
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Humanitarian Intervention after Kosovo
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Also by Aidan Hehir
STATE-BUILDING: Theory and Practice (co-edited with Neil Robinson)
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Humanitarian Intervention
after Kosovo
Iraq, Darfur and the Record of
Global Civil Society
Aidan Hehir
Senior Lecturer in International Relations, University of Westminster, UK
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© Aidan Hehir 2008
All rights reserved.No reproduction,copy or transmission of this
publication may be made without written permission.
No portion of this publication may be reproduced,copied or transmitted
save with written permission or in accordance with the provisions of the
Copyright,Designs and Patents Act 1988,or under the terms of any licence
permitting limited copying issued by the Copyright Licensing Agency,
Saffron House,6-10 Kirby Street,London EC1N 8TS.
Any person who does any unauthorized act in relation to this publication
may be liable to criminal prosecution and civil claims for damages.
The author has asserted his right to be identified as the author of this
work in accordance with the Copyright,Designs and Patents Act 1988.
First published 2008 by
PALGRAVE MACMILLAN
Palgrave Macmillan in the UK is an imprint of Macmillan Publishers Limited,
registered in England,company number 785998,of Houndmills,Basingstoke,
Hampshire RG21 6XS.
Palgrave Macmillan in the US is a division of St Martin's Press LLC,
175 Fifth Avenue,New York,NY 10010.
Palgrave Macmillan is the global academic imprint of the above companies
and has companies and representatives throughout the world.
Palgrave® and Macmillan® are registered trademarks in the United States,
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ISBN-13:978-0-230-54221-1 hardback
ISBN-10:0-230-54221-2 hardback
This book is printed on paper suitable for recycling and made from fully
managed and sustained forest sources.Logging,pulpingand manufacturing
processes are expected to conform to the environmental regulations of the
country of origin.
A catalogue record for this book is available from the British Library.
Library of Congress Cataloging-in-Publication Data
Hehir,Aidan,1977–
Humanitarian intervention after Kosovo :Iraq,Darfur and the record of
global civil society / Aidan Hehir.
p.cm.
Includes bibliographical references and index.
ISBN-13:978-0-230-54221-1 (alk.paper)
ISBN-10:0-230-54221-2 (alk.paper)
1. Humanitarian intervention.2. Human rights. I. Title.
JZ6369.H44 2008
341.5'84—dc22 2008024819
10 9 8 7 6 5 4 3 2 1
17 16 15 14 13 12 11 10 09 08
Printed and bound in Great Britain by
CPI Antony Rowe,Chippenham and Eastbourne
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For Sarah, Esmé, Elsie…and Red
and
Hilda Marshall, Kieran McMahon,
Nick Webster and Bernadette Hehir
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Contents
Acknowledgements ix
1 Introduction: The Humanitarian
Intervention Controversy 1
Introduction 1
The humanitarian intervention controversy 2
Normative theory, realism and international law 5
Structure of the book 10
2 International Law, Sovereignty and
Humanitarian Intervention 13
Introduction 13
The legal status of humanitarian intervention 14
The role of law and sovereignty 25
Conclusion 31
3 The Normative Thesis and Operation
Allied Force 33
Introduction 33
The rise of human rights 34
Global civil society and the creation of ethical
foreign policies 37
Operation Allied Force 47
Conclusion 50
4 Humanitarian Intervention after Kosovo 53
Introduction 53
East Timor and Afghanistan 53
Operation Iraqi Freedom 59
Darfur: ‘The collective yawn’ 65
2005 World Summit 70
Conclusion: Assessing the record 74
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viii Contents
5 The Normative Flaws 76
Introduction 76
The idealization of the West 77
The normative flaws 81
Conclusion 94
6 The Dangers of Unregulated Humanitarian
Intervention 97
Introduction 97
The challenge to international law 98
The end of the UN? 100
The return of the crusaders 105
Optimistic miscalculation 109
Conclusion 113
7 Regulating Humanitarian Intervention:
The Need for Redirection 117
Introduction 117
Misdiagnosing the problem 118
The need for legal clarity 122
Defending legal reform 131
Conclusion 141
8 Conclusion: Sovereignty, Human Rights and
the Integrity of International Law 145
Introduction 145
Global civil society and the normative thesis 145
Sovereignty, human rights and the integrity
of international law 149
Conclusion: Reality and perception 152
Notes 155
Bibliography 180
Index 190
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Acknowledgements
First I would like to thank Neil Robinson; his ‘intervention’ saved my
previously aimless PhD and stagnant CV (thanks, Luke), and I have ben-
efited enormously from his invaluable advice.
Thanks to my former colleagues at the University of Limerick – ‘The
Girls’: Mairead Moriarty, Ide O’Sullivan, Jennifer Moore, and Chris
McInerney, Martin Mullins, Louise Kingston, Marie O’Dwyer, Ed
Horgan, Alina Georgescu, Gabrella Hanrahan, and especially Ger
Downes and Barry Ryan – the perfect mix of cynicism and pessimism.
Thanks also to all those current and former staff at UL who advised and
helped me, especially Maura Adshead, Eoin Dexereux, John O’Brennan,
John Logan, Alex Warleigh, Owen Worth, but not Eoin Reeves!
This book began at the University of Sheffield and I benefited enor-
mously from working in such a great department; thanks in particular
to John Hobson without whose help my book proposal would be mired
in an endless cycle of rejection. Thanks also to the fantastic admin staff,
Katie Middleton, Sarah Moga, Sarah Cooke, Sarah Archibald, Sue Kelk and
Margaret Holder. Thanks also to Mike Kenny, Andrew Geddes, Andrew
Taylor, Tony Heron, Tony Payne, Caroline Kennedy-Pipe, Katherine
Adeney, Ian Bache, Dave Richards, Steve Ludlum, Sean Carey, Graham
Harrison, Alistar McMillan, Gareth Brown, Adam White, Ben Richardson,
Tim Montgomery and Andy Mumford.
Thanks to my current colleagues at the Centre for the Study of
Democracy, especially Tom Moore, David Chandler, Liza Griffin,
Paulina Tambakaki, Tara McCormack, Patricia Hogwood, Simon Joss,
Giovanni Navarria, Rob McMaster and Suzy Robson.
My family, as ever, deserve huge credit; eternal thanks to my parents,
Mary and George, for making everything possible. A big thank you to
Nial, Niamh, Rita, Paul, Hazel, Ashling, Aran, Jay, Hannah and Katie for
being so encouraging and supportive.
The following also deserve credit: Conor Barry, the editorial team at
The Journal of Intervention and Statebuilding, James Gow, Vanessa Pupavac,
William Bain, James and Kathlyn, Anne O’Dwyer, Kim Deal, Darren
Atkinson, Mark E. Smith and, of course, the Far Canals for ‘Way out West
Past Rosaveal’.
This book would never have been written without the support of my
wife, Sarah, and my daughters, Esmé and Elsie. I am privileged to have
you as my family and will never be able to thank you enough.
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