사례를 통하여 본 인도적 간섭 : 국제법적 적법성 Its International Legality = A Case Study on Humanitarian Intervention

다국어 초록 (Multilingual Abstract)

One of the hot issues in international law is whether the unilateral humanitarian intervention is lawful or not. There are many cases which are alleged to be the humanitarian intervention. And some argue that it is lawful under the international law.
In this paper, we reviewed the backgrounds of cases which are argued to be the humanitarian intervention. Almost all of the cases reviewed have not only humanitarian but also other political and social elements. And also, it is found that the concept of the humanitarian intervention varied. That means that the humanitarian intervention has been invoked to justify certain purposes which are not defined consistently and objectively.
If a legal principle is to be accepted as a binding rule, it does have to have objective criteria to be applied. But up to now, we do not find out the objective criteria which may be applied in the case of humanitarian Intervention. Thus, the humanitarian intervention, although it does have a moral imperative, may be abused to justify other political objectives. For the time being, it could be much safer to regard the unilateral humanitarian intervention as illegal under the international law. By doing so, it would be possible to restrict the use of force in the international community.

목차 (Table of Contents)

• Ⅰ. 서론
• Ⅱ. 인도적 간섭의 개념
• Ⅲ. 인도적 간섭으로 주장되는 사례
• Ⅳ. 결론