HUMANITARIAN INTERVENTION AND
REGIONAL ORGANIZATIONS:
Kosovo, East Timor, and the New International Law

Endnotes

1.  Oscar Schachter, The Right of States to Use Armed Force, 82 Mich. L. Rev., 1620, 1629 (1984).  ³Governments by and large (and most jurists) would not assert a right to forcible intervention to protect the nationals of another country from atrocities carried out in that country.²

2.  Murphy, Humanitarian Intervention: The United Nations in an Evolving World Order, 12 (1996).

3.  Oppenheim, International Law 442-43 (1992).

4.   ³All Members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the Purposes of the United Nations.² Art. 2(4), Charter of the United Nations, quoted in Henkin, International Law, Cases and Materials 2 890 (1993).

5.    ³Nothing in the present Charter shall impair the inherent right of individual or collective self-defence if an armed attack occurs against a Member of the United Nations, until the Security Council has taken measure necessary to maintain international peace and security.  Measures taken by members in the exercise of this right of self-defence shall be immediately reported to the Security Council and shall not in any way affect the authority and responsibility of the Security Council under the present Charter to take at any time such action as it deems necessary in order to maintain or restore international peace and security.²  Art. 52, Charter of the United Nations, quoted in Henkin 911.

6.  Brownlie, Humanitarian Intervention, in Law and Civil War in the Modern World 218-19 (Moore, ed., 1974).

7.    Wolf, Humanitarian Intervention, IX Mich.Y.B.Intıl Leg.Stud. 333, 339-40 (1988), quoted in Henkin, 933.

8.    Sean Murphy, Humanitarian Intervention and the Kosovo Crisis, Presentation before the ABA Standing Committee on Law and National Security Law, October 29, 1999.

9.    Lillich, Humanitarian Intervention:  A Reply to Dr. Brownlie and a Plea for Constructive Alternatives, in Law and Civil War in the Modern World, 247-248 (Moore, ed., 1974).

10.   ³The Security Council shall determine the existence of any threat to the peace, breach of the peace, or act of aggression and shall make recommendations, or decide what measures shall be taken in accordance with Articles 41 and 42, to maintain or restore international peace and security.²  Art. 39, UN Charter, quoted  in Lillich, The Role of the UN Security Council in Protecting Human Rights in Crisis Situations:  UN Humanitarian Intervention in the Post Cold War World, 3 Tul. J. Intıl & Comp. L. 1, 4 (1995).

11.  Id. at 7.

12.  Id. at 10-11.

13.  Wolf, at 368.

14.   Ved Nanda, et al., Tragedies in Somalia, Yugoslavia, Haiti, Rwanda, and Liberia- Revisiting the Validity of Humanitarian Intervention under International Law- Part II, 26 Denv. J. Intıl L. & Polıy 827, 862 (1998).

15.   ³1. The Security Council shall, where appropriate, utilize such regional arrangements or agencies for enforcement action under its authority. But no enforcement action shall be taken under regional arrangements or by regional agencies without the authorization of the Security Council, with the exception of measures against any enemy state, as defined in paragraph 2 of this Article,  provided for pursuant to Article 107 or in regional arrangements directed against renewal of aggressive policy on the part of any such state, until such time as the Organization may, on request of the Government concerned, be charged with the responsibility for preventing further aggression by such a state.
³2.  The term enemy state as used in paragraph 1 of this Article applies to any state which during the Second World War has been an enemy of any signatory of the present Charter.²  Art 53 of the UN Charter, quoted in Murphy, Humanitarian Intervention: The United Nations in an Evolving World Order, 337 (1996).

16.  ³1.  Nothing in the present Charter precludes the existence of regional arrangements or agencies for dealing with such matters relating to the maintenance of international peace and security as are appropriate for regional action, provided that such arrangements or agencies and their activities are consistent with the Purposes and Principles of the United Nations.
³2.  The Members of the United Nations entering into such arrangements or constituting such agencies sahll make every effort to achieve pacific settlement of local disputes through such regional arrangements or by such regional agencies before referring them to the Security Council.
³3. The Security Council shall encourage the development of pacific settlement of local disputes through such regional arrangements or by such regional agencies either on the initiative of the states concerned or by reference from the Security Council.² Art. 52, quoted in Murphy, Humanitarian Intervention: The United Nations in an Evolving World Order, 337 (1996).

17.  Murphy, Humanitarian Intervention: The United Nations in an Evolving World Order, 343 (1996).

18.  Id., at 350.

19.  Richard Falk, The Complexities of Humanitarian Intervention: A New World Order Challenge, 17 Mich. J. Intıl L. 491, 500 (1996)

20.  NATO, NATOıs role in relation to the conflict in Kosovo (updated July 15, 1999) <http://www.nato.int/kosovo/history.htm>.

21.  J.D. Godwin, NATOıs Role in Peace Operations: Reexamining the Treaty After Bosnia and Kosovo, 160 Mil. L. Rev. 1, 73 (1999).

22.  Id., see note 408 at 95.

23.  NATO, NATOıs role in relation to the conflict in Kosovo (updated July 15, 1999) <http://www.nato.int/kosovo/history.htm>.

24.  Godwin, at 76.

25.  NATO, NATOıs role in relation to the conflict in Kosovo (updated July 15, 1999) <http://www.nato.int/kosovo/history.htm>.

26.  Henkin, International Law: Politics, Values and Functions, quoted in Henkin, International Law, Cases and Materials 2 (1993).

27.  Sean Murphy, Humanitarian Intervention and the Kosovo Crisis, Presentation before the ABA Standing Committee on Law and National Security Law, October 29, 1999.

28.  Id.

29.  Id.

30.  Id.

31.  The UN-sponsored vote was 78.5% for independence, 21.5% against independence, with 98% of the registered voters at the polls.  The independence vote was part of an agreement between Portugal and Indonesia completed on May 5, 1999, sponsored by Secretary General Kofi Annan. UN East Timor Website, The United Nations and East Timor Fact Sheet, <http://www.un.org/peace/etimor/qna1oct.htm>.

32.  ABCNews.com, ŒAll Necessary Measuresı September 15, 1999, <http://abcnews.go.com/sections/world/DailyNews/timor_peackeepers990915.html>.

33.  ETISC Website, Briefing Paper on East Timorese Refugees in West Timor, September 30, 1999, <http://www.easttimor.com/etisc_documents/etisc_0013.htm>.

34.  UN East Timor Website, The United Nations and East Timor Fact Sheet, <http://www.un.org/peace/etimor/qna1oct.htm>.

35.  ABCNews.com, ŒAll Necessary Measuresı September 15, 1999, <http://abcnews.go.com/sections/world/DailyNews/timor_peackeepers990915.html>.

36.  East Timor had been administered by Portugal, but was invaded by Indonesia in 1974 when Portugal was readying a withdrawal from the territory. Kosovo enjoyed virtual autonomy within Yugoslavia until 1989.

37.  ABCNews.com, ŒDili in Flamesı September 9, 1999, <http://abcnews.go.com/sections/world/DailyNews/timor990909.html>

38.  UN East Timor Website, The United Nations and East Timor Fact Sheet, <http://www.un.org/peace/etimor/qna1oct.htm>.

39.  Security Council Resolution 794 in Somalia; supra note 11.

40.  Falk, at 511.

41.  Foreign Minister Samuyarira, UN Security Council Summit (1992), as quoted in Lillich, The Role of the UN Security Council in Protecting Human Rights in Crisis Situations:  UN Humanitarian Intervention in the Post Cold War World, 3 Tul. J. Intıl & Comp. L. 1, 13 (1995).

42.  Dino Kritsiotis, Reappraising Policy Objections to Humanitarian Intervention, 19 Mich. J. L. 1005, 1042 (1998).

43.  Reisman, International Law after the Cold War, quoted in Henkin, International Law, Cases and Materials 5 (1993).