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Humanitarian Intervention and the Responsibility To ProtectWho Should Intervene?$
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James Pattison

Print publication date: 2010

Print ISBN-13: 9780199561049

Published to Oxford Scholarship Online: May 2010

DOI: 10.1093/acprof:oso/9780199561049.001.0001

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Assessing Current Interveners

Assessing Current Interveners

(p.181) 7 Assessing Current Interveners
Humanitarian Intervention and the Responsibility To Protect

James Pattison

Oxford University Press

This chapter begins by bringing together the findings of the previous six chapters to outline the complete conception of legitimacy—the Moderate Instrumentalist Approach. It goes on to use this approach to consider to answer two central questions: (a) ‘Who has the right to intervene?’ and (b) ‘Who has the duty to intervene?’ It first suggests that any agent that has an adequate degree of legitimacy has the right to intervene. Second, it argues that the duty to intervene should fall on the most legitimate intervener. Assigning the duty to intervene raises additional issues, such as that of fairness. The chapter therefore defends the view that the most legitimate agent has the duty to intervene against three leading alternatives and the claims that this is unfair. The third section considers who, out of current agents (the NATO, the states, the UN, the regional organizations, and the private military companies), (a) has an adequate degree of legitimacy, and therefore the right to intervene, and (b) is the most legitimate agent, and therefore has the duty to intervene. It concludes that, although some agents of intervention possess an adequate degree of legitimacy, no current agent is fully legitimate.

Keywords:   duty, fairness, humanitarian intervention, legitimacy, NATO, private military companies, regional organizations, responsibility to protect, right, special ties, states, the UN

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