Year: 2023
Humanitarian Intervention (the case of Anfal and Darfur) is a book, written in Kurdish language, and was published by the KCIL in 2022. It focuses on Anfal and Darfur as two cases of 'inaction' of the Security Council despite grave violations of internationally recognized human rights being committed and reported. Anfal (in Kurdistan Region - Iraq) and Darfur (in Sudan) represent two cases of the dominance of geopolitical considerations over the principles and values that the international community and its legal order are supposedly based on them.
A number of diplomats and scholars are skeptics about even
the existence of the category of 'humanitarian intervention', not to mention
its inclusion into the international legal order. However, an established right
to authorize intervention to guarantee international recognition of, and
respect for, fundamental human rights seem plausible, taking the United Nations
Charter and the wide authority of the Security Council into account. The research
shall advocate a collective practice of humanitarian intervention through
authorization of the Security Council. The maintenance of international peace
and security is vested into the Security Council, most notably its permanent
[five] members, and peace shall not be maintained without co-operation of these
permanent members. To include humanitarian intervention within the competences
of the Council, it needs to be perceived as having effect on international
peace and security, and thus founding the Council’s duty to authorize use of
force. The research will argue in favor of authorized humanitarian intervention
in cases of grave violations of human rights, reflecting a collective security
project. The thesis stands against the right of unauthorized or unilateral
humanitarian intervention.
In an attempt to avoid reducing humanitarian intervention to
means serving the interests of the intervening state(s), the research will
argue for a collective practice of any operation that is conducted under the
title of 'humanitarianism'. The best way to achieve this collectivism is to
pursue authorization of the Security Council. Here is the troublesome point.
What happens or should happen if the Council, due to whatever reasons decides
not to act? Shall the other states have a right to intervene in order to halt
grave violations of human rights?
This turn is not favored. Unilateral use of force, in this
case unilateral humanitarian intervention, remains dangerous. For it may
provide a chance of subjectivity in determining the cases which intervention is
deemed necessary. The international community seems already suffering from this
pattern of practice from the Security Council. Therefore, strengthening any
unilateral discretion in the use of force for humanitarian purposes is likely
to aggrandize the chaotic aspect of international relations.