The research paper sets out to explore the motivations behind Security Council Resolution (SCR) 688 on the internal civilian situation in Iraq after the Gulf War in 1991 embodying the jump-start for the implementation of the today well-known concept of multilateral humanitarian interventions with the international community intervening in a states' domestic affairs on humanitarian grounds. Thereby, the puzzle surrounding the document evolves around the question of its content's legitimacy with view to international law and political implications, figuring a rather grey area which, however, had a tremendous impact on future actions, commitments and reasoning applied by the international community. Thus, the central questions the paper addresses in this regard relate to the debate on the impact of norms as a lock-in mechanism in international treaty law reflecting on how and why at exactly this point in time a new principle respectively doctrine was born.
For this purpose the examination of the intertwining of systemic changes in the world system with the international community's moral convictions, political inferences and the forms of legalization chosen will shed a light on the origination, the content and impacts of SCR 688 supporting the creation of a new world order. Thereby, special emphasis has been put on the political reasoning in the Security Council of the United Nations as well as on the three dimensions of legalization: precision, obligation and delegation.
The findings have drawn attention to how SCR 688 served as a precedence for all multilateral humanitarian interventions leading to a change in the conception of state sovereignty and the raise of a moral conviction of a “Responsibility to Protect” (R2P) by the international community producing long-term effects in international relations.
Altogether, the paper has shed light on the complexity of issues at hand leading to a change in conceptual thinking and with it to the ignition of a revolutionary spark for an exception to the rules to becoming a normative principle. At the same time, it has shown that generalizations within the realm of normative changes cannot be inferred from this unique example drawing rather to the aspect of a “ripe moment” in world affairs, with the exception of the blend of world politics and international legalization which seems a plausible set of factors underlying any transformative undertakings embodying the basis for the creation and progression of IL.
Inhaltsverzeichnis (Table of Contents)
- Introduction
- The Crisis in Iraq and the UN Charter
- The Blend of World Politics and International Legalization
- A Changing World Order
- (Geo) Political Motivations
- Moral Convictions & Legal Considerations
- Legalization: New Meanings to Old Contexts
- Conclusion
Zielsetzung und Themenschwerpunkte (Objectives and Key Themes)
The research paper examines the motives behind Security Council Resolution (SCR) 688 on the Iraqi civilian situation following the 1991 Gulf War. This resolution marked the beginning of multilateral humanitarian interventions, where the international community intervened in a state's domestic affairs on humanitarian grounds. The paper explores the legitimacy of SCR 688 in international law and its political implications, focusing on the emergence of a new principle or doctrine within international treaty law. It investigates how and why this new principle arose at this specific point in time.
- The impact of systemic changes in the world system on international law
- The interplay of the international community's moral convictions, political inferences, and forms of legalization in the creation and implementation of SCR 688
- The role of the United Nations Security Council and the three dimensions of legalization (precision, obligation, and delegation) in shaping the content and impact of SCR 688
- The interpretive function of international law and the shift in the international community's perception of human rights in the context of SCR 688
- The long-term effects of SCR 688 on state sovereignty and the development of a "Responsibility to Protect" (R2P) norm in international relations
Zusammenfassung der Kapitel (Chapter Summaries)
- Introduction: This chapter introduces the research paper's focus on the motivations behind SCR 688 and its significance as a precedent for multilateral humanitarian interventions. It highlights the puzzle surrounding the document's legitimacy in international law and its political implications.
- The Crisis in Iraq and the UN Charter: This chapter provides background information on the humanitarian crisis in Iraq following the Gulf War, focusing on the plight of the Kurdish people. It highlights the challenges posed by this crisis to the United Nations, particularly in terms of the principle of state sovereignty and the UN Charter's limitations on intervention in domestic affairs.
- The Blend of World Politics and International Legalization: This chapter delves into the systemic changes in the international environment around 1991, including the end of the Cold War, the rise of a unipolar world, and the increase in multilateralism. It examines the impact of these changes on the UN Security Council and the international community's approach to humanitarian crises. This chapter also discusses the emerging trends in warfare and the growing importance of human security.
Schlüsselwörter (Keywords)
The research paper focuses on key concepts such as multilateral humanitarian intervention, international law, the United Nations Charter, state sovereignty, the Responsibility to Protect (R2P), the Security Council Resolution (SCR) 688, the Gulf War, the crisis in Iraq, and the changing world order. It analyzes the interplay between international legalization and world politics in shaping the development of international norms and principles.
- Quote paper
- Anna Scheithauer (Author), 2012, The Creation of a Precedence in Humanitarian Affairs through the Blend of International Legalization and World Politics, Munich, GRIN Verlag, https://www.grin.com/document/350712