At
the height of the siege of Sarajevo, when hundreds of shells were
hitting the Bosnian capital every day, many there believed they
would not survive. The United Nations airlift, which provided food
for many who would otherwise have starved, was constantly being
interrupted as Serb forces repeatedly shelled the airport runway.
As the months turned into years and the siege was not lifted, it
seemed, both to Sarejevans and to many sympathetic foreigners, that
either the city would be destroyed or some kind of outside intervention
would have to take place.
"How can you in the West allow this to go on?" an actress
at Sarajevos National Theater asked me in January of 1993.
"My teeth are falling out, Im covered in eczema, I havent
had a bath in months, and Im a privileged person by the standards
of this town. I know no one outside really understands what is going
on here; you all think were savage Balkan people pursuing
our ancient ethnic bloodlusts. Its utter nonsense, of course.
But even if thats what you think, even if you wont come
help us because we have right on our side, why cant you help
us for humanitarian reasons? Why cant you just stop the siege?"
Overhead, as if it had been choreographed, a jet screamed through
the afternoon sky. It was a NATO fighter on a routine reconnaissance.
The actress smiled. "Good timing, wasnt it?" she
said. "If it would dive down and drop some bombs, I could have
a bath."
She was right about the befuddlement afflicting most people in the
U.S. and in western Europe when they thought about Bosnia. Those
who believed that the Bosnian government should be aided because
it was in the right were always in a small minority, even among
those who thought force needed to be used to bring the ethnic cleansing
and the siege of Sarajevo to an end. It was more common to hear
the argument that what was happening was so horrible that it simply
had to be stopped, and that if military means were needed then military
means had to be employed. In other words, what was most credible
to the vast majority of those who paid attention to Bosniaeven
at the height of the slaughter, a small percentage of the Western
publicwas not a political intervention but an intervention
that needed to be undertaken solely on humanitarian grounds.
In the end, when the mass murder of more than seven thousand Muslim
men and boys at Srebrenica finally forced the Western powers to
act, they did so not out of a political determination to restore
a unified Bosnian state but instead out of a version of a humanitarian
impulse. The bloodshed and the slaughter, Western leaders finally
concluded, could not be allowed to go on.
Humanitarian intervention is at once an immensely powerful and a
terribly imprecise idea. No formal legal definition of it exists,
but its fundamental premise is that outside powers have the right
and, perhaps, under some circumstances, the duty to intervene to
protect people in other countries who are being victimized, even
if what is taking place is a conflict within a State. Whereas classical
interventions are political in character and involve one State either
imposing its will by force on another or coming to the aid of another
(and thus in no sense challenging the long-standing notion that
State sovereignty should be for all practical purposes inviolable),
humanitarian interventions offer a direct challenge to such notions
of sovereignty. This is especially true for those interventions
directly into the internal affairs of a single State. In a deep
sense, they also sidestep considerations of the political rights
and wrongs of a given conflict. What matters, from the perspective
of the State or group of States contemplating a humanitarian intervention,
is the effect a conflict has on civilians.
An example of this kind of thinking was the debate in 1996 over
a Canadian proposal for a humanitarian intervention in what was
then eastern Zaire to protect the millions of Hutu refugees who
were at risk from both the attacks of Tutsi-led Rwandan forces and
from the ebb and flow of the Zairean civil war. The Canadians argued
that the rights of a civilian population at risk outweighed any
other consideration, including the effect that such a humanitarian
deployment might have on the political struggle then taking place
in Zaire. Those who argued against the deployment in effect were
saying that humanitarian needs alone could not justify such outside
interference. Many also made the cautionary argument that forecasting
the long-term effect of humanitarian military intervention was itself
fraught with uncertainty.
As a matter of international law, humanitarian intervention remains
purely a matter of the political preferences of the person making
the argument. It seems generally accepted that the Security Council
can declare anything it likes to be a "threat to international
peace and security," subject not to any genuinely objective
constraints of law but only to the political vetoes of its permanent
members. Its determinations are shaped by public opinion, international
activists, CNN, and the political considerations of Security Council
members, as well as by broader, and more principled policies and
laws. Within international humanitarian law (IHL), the leap from
provisions providing for the delivery of humanitarian relief to
military intervention is a long one, but not too long for those
politically motivated to do so.
In practice, humanitarian intervention has often served as a justification
for States to act in conflicts where there is no domestic support
for more straightforward political interventions. The public in
North America and western Europe has, for all the talk of compassion
fatigue, proved remarkably sympathetic to the use of force to avert
or bring to an end a humanitarian disaster. On the other hand, humanitarian
intervention has also been a justification for other political motivations.
In Rwanda, in 1994, it was commonly assumed that the French humanitarian
intervention dubbed Operation Turquoise used the humanitarian imperative
as a cover for Frances decision to continue to try to influence
events in the Great Lakes region of Africa with military force and,
more specifically, to save the French-supported, but genocidal,
government. And historically, many of the imperial campaigns launched
by the European colonial powers in the nineteenth century were justified
on humanitarian grounds.
Today, humanitarian interventions have been largely the brainchildren
of UN bureaucrats and of humanitarian relief organizations who are
unable to operate safely in conflict zones. These groups have become
some of the most fervent interventionists. A French humanitarian
official, Bernard Kouchner, even popularized the legal theory of
the French scholar Mario Bettati of the "right of intervention."
Of course, whether people would react in the same way if the price
in the lives of soldiers and in money grew too high is another question
entirely. This is in part due to the fact that Western politicians
routinely, but often improbably, describe humanitarian interventions
as safe. When, as with the U.S.-led United Nations Operation in
Somalia (UNOSOM II), this turns out to be false, pressures to abort
humanitarian interventions mount quickly and usually become politically
irresistible.
In international law, the tug of war between State sovereignty and
the obligation of other countries to maintain international peace
and security continues to rage. In practice, the idea, at least
in the case of so-called failed States, that the principle of State
sovereignty is simply irrelevant and the needs of persons preeminent
has been gaining favor and is becoming a common starting point for
discussions of what to do about situations where there is immense
human suffering and little prospect of immediate relief. That was
the way the U.S. intervention in Somalia was presented to the American
public, and how the Canadians made the case for their proposed deployment
in eastern Zaire. As the costs of humanitarian interventions mount,
the willingness of outside States to intervene to protect people
from systematic violations of internationally recognized human rights
or provide them with relief is an open question. But humanitarian
intervention remains an immensely attractive idea to many, and in
the absence, after the end of the Cold War, of either any real system
of international security or any real transfer of authority to supranational
institutions like the UN, it is likely to remain an enduring, if
half-hearted, one.

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