is a year full of international events that will end. Indeed, among the Burmese crisis, Kosovo's independence through the Georgian crisis, not to mention the conflict more deadly in the Democratic Republic of the Congo, Kouchner had to do.
However, since Bernard Kouchner Minister of Foreign Affairs, it is rarely understood what he had advocated in the 90s, the right "of humanitarian intervention . However, one should bear in mind that using Humanitarian was not born with the very "media" Bernard Kouchner, on the contrary, it can be traced back to the battlefield of Solferino where women in the village of Castiglione went to rescue wounded soldiers regardless of their membership.
However, it is in the second half of the twentieth century that the debate on humanitarian intervention will reappear, including a proliferation of conflicts, but especially by the doctrine of humanitarian intervention and without borders. Thus, we could not remain indifferent to the suffering of these people under the pretext that we must meet one of the seven fundamental principles of international law: the principle of non-interference in internal affairs, the principle protector of weak states is morally unquestionable. This principle implies that there is no way possible to intervene in matters which are essentially within the jurisdiction of a State. Nevertheless we can see that this principle so firmly established, has been more than one violation and examples seem not to be missed. Many lawyers and even non-lawyers have then considered that there was an exception to the principle of non-interference, the "right of humanitarian intervention . The debate is not new and it seems, moreover, that appreciate the currency, for example with the "affair of Zoe's Ark", this debate will recur.
The lack of a "right of humanitarian intervention"
Besides Jaime Oraa, Rector of the University of Deusto believes that " the twentieth century have witnessed the greatest massacres in history of mankind, but more the fact that there is a structural situation of human rights violations by large majorities . In other words, in this globalized world of the twentieth century and more of the twenty-first, a climate of destruction of social life was created when pushing exclusion. It is in this general movement that humanitarian intervention has taken all his strength and in particular supported by public opinion increasingly affected by these conflicts and disasters.
Yet, according to the eminent Professor Eiseman, University Pantheon-Sorbonne, " language of the law for media has been launched (...) That because he is a catchy slogan . Thus, this "right of humanitarian intervention" does not exist. Moreover, any resumption of United Nations has recognized such a right. Even if we could see in resolutions 43/131 and 45/100 of the General Assembly of the United Nations a consecration of " humanitarian assistance to victims of natural disasters and emergency situations similar "The General Assembly also reaffirms the sovereignty of affected States. Therefore, no intervention can actually be done without an agreement state. This position is followed by the rest of the Security Council that in 1991 in its resolution 688 concerning the protection of Iraqi civilians, where he said that the Iraqi state must allow access to humanitarian aid for those who need.
"can we let them die because a boundary between us and their complaints? (Bernard Kouchner)
Moreover, in the 90s, François Mitterrand, then President of the French Republic, said that "non-intervention stops where begins non-assistance ". However, this view seems imperialist. The United Nations including the Security Council should it not have a plenitude of powers for the protection and defense of human rights.
Given the multiplication of conflicts and atrocities, and especially their media more or less important, as well as inefficiency of law to resolve conflicts and to avoid "human slaughter", he is appealed to the public to "stop" impunity. Thus, must at some point, the action follows the words. But let as called Bernard Kouchner or Mario Bettati, third States the possibility to interfere in the internal affairs of another State, is not this open the door to a new imperialism and a return to interventions the humanities?
United Nations, a wall?
In sum, it seems more than necessary, that the United Nations take the full measure of its role in protecting private persons are or in the event of armed conflict or natural disaster. It seems no longer acceptable that thousands of people die in the World because of the inefficiency of an international body.
But there is no doubt that the United Nations through one of the major crises in its history, because the public finds that inefficiency. Moreover, the system of "veto" awarded to the five permanent members of Security Council distorts the debate. In addition, some NGOs have recently arrested on public interest that some states including the United States and Russia were in conflict in particular concerning the arms trade.
short, it is a pessimistic assessment than we have, in recent years since no positive trend made itself felt.
