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Cosmopolitan War$
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Cécile Fabre

Print publication date: 2012

Print ISBN-13: 9780199567164

Published to Oxford Scholarship Online: January 2013

DOI: 10.1093/acprof:oso/9780199567164.001.0001

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Humanitarian intervention

Humanitarian intervention

(p.166) 5 Humanitarian intervention
Cosmopolitan War

Cécile Fabre

Oxford University Press

Chapter 5 tackles wars of humanitarian intervention, raising a number of issues which normative accounts of self-defensive wars do not address. First, any argument in favour of the right to intervene must set out the conditions under which regime B forfeits its right to govern over community B and, thereby, its right not to be attacked by A. Second, whereas self-defensive wars raise the issue of the right to kill in self-defence, humanitarian wars also raise that of the duty to kill in defence of others. The aim of the chapter is four-fold: to provide an argument for the right to intervene, to defend the duty to intervene, to offer an account of whose right and whose duty it is, and to tackle the serious normative difficulties raised by the fact that intervening forces not only kill combatants who are not themselves complicitous in the often egregious rights violations which provide interveners with a just cause, but also kill a number of those victims on whose behalf the war is waged. The chapter also addresses the question of the grounds upon which interveners can shift the harms of the war away from them and onto the intervention's beneficiaries.

Keywords:   humanitarian intervention, right to intervene, duty to intervene, responsibility to protect, non-combatant immunity, collateral damage, harm-shifting, rescue killing

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