Tài liệu Reading Humanitarian Intervention doc

LINK DOWNLOAD MIỄN PHÍ TÀI LIỆU "Tài liệu Reading Humanitarian Intervention doc": http://123doc.vn/document/1050358-tai-lieu-reading-humanitarian-intervention-doc.htm

Reading Humanitarian Intervention
Human Rights and the Use of Force in
International Law
Anne Orford
University of Melbourne
  
Cambridge, New York, Melbourne, Madrid, Cape Town, Singapore, São Paulo
Cambridge University Press
The Edinburgh Building, Cambridge  , United Kingdom
First published in print format
isbn-13 978-0-521-80464-6 hardback
isbn-13 978-0-511-06373-2 eBook (NetLibrary)
© Anne Orford 2003
2003
Information on this title: www.cambrid
g
e.or
g
/9780521804646
This book is in copyright. Subject to statutory exception and to the provision of
relevant collective licensing agreements, no reproduction of any part may take place
without the written permission of Cambridge University Press.
isbn-10 0-511-06373-3 eBook (NetLibrary)
isbn-10 0-521-80464-7 hardback
Cambridge University Press has no responsibility for the persistence or accuracy of
s for external or third-party internet websites referred to in this book, and does not
guarantee that any content on such websites is, or will remain, accurate or appropriate.
Published in the United States of America by Cambridge University Press, New York
www.cambridge.org
-
-
-
-




Contents
Preface page vii
1. Watching East Timor 1
The era of humanitarian intervention 1
Action and inaction 14
Law and empire 18
The promise of humanitarian intervention 34
2. Misreading the texts of international law 38
Legal theory and postcolonialism 40
The imperial feminist 56
The power of international law 71
3. Localizing the other: the imaginative geography of
humanitarian intervention 82
Representations of the international 87
The place of the international in a globalized economy 1
10
Engaging with the international 120
The cartography of intervention 123
4. Self-determination after intervention: the
international community and post-conflict
reconstruction 126
Self-determination in an age of intervention: a tale of
two territories 127
Self-determination after colonialism 140
Imagining self-determination 143
v
vi contents
5. The constitution of the international community:
colonial stereotypes and humanitarian narratives 158
Reading heroic narratives 160
Insecure identification: the productivity of colonial
stereotypes 180
6. Dreams of human rights 186
The end of the human rights era? 187
The haunting of humanitarian intervention 203
The space of human rights 212
Bibliography 220
Index 236
Preface
I have been blessed with the suppor
t of many family, friends, colleagues
and students during the writing of this book. The shape and direction
of my thinking about humanitarian
intervention owe a great deal to
my good fortune in being offered m
y first academic position at the
School of Law and Legal Studies at La Trobe University in 1993. At that
time, La Trobe was home to a community of many of the most excit-
ing and creative critical and feminist legal scholars in Australia. My in-
spiring colleagues, in par
ticular Greta Bird, Sue Davies,
Ian Duncanson,
Judith Grbich, Adrian Howe, Rob McQueen, Andrea Rhodes-Little and
Margaret Thornton, provided me with a constant source of friendship,
and taught me the great pleasures and responsibilities of critical schol-
arship and of engaged and innovative teaching. I was encouraged and
stimulated in the later stages of the work on this project by my friends,
students and colleagues at the Australian National University and the
University of Melbourne, particularly Philip Alston, Jenny Beard, Jennie
Clarke, Belinda Fehlberg, Krysti Guest, David Kinley, Ian Malkin, Jenny
Morgan, Dianne Otto, Sundhya Pahuja, Jindy Pettman, Martin Phillipson,
Kim Rubenstein, Peter Rush, Gerry Simpson and Maureen Tehan. Michael
Bryan and Michael Crommelin at the University of Melbourne have been
supportive o
f the project in many ways, and have made it possible for
me to combine academic life with the pleasurable demands of caring
for young children. My thanks also to Dimity Kingsford-Smith, David
Kinley and Stephen Parker for allowing me to spend a research semester
finishing the book at the Castan Centre for Human Rights Law, Monash
University. My thoughts on t
he future of human rights and economic
globalisation have been profoundly influenced by the experience of
teaching and engaging with students at the University of Melbourne,
vii
viii preface
the Australian National University, La Trobe University and the 1998
Academy of European Law at the European University Institute.
The book has also been shaped by ongoing conversations and careful
readings that have informed my ideas about law, fantasy, human rights,
feminism, economics, internationalism, bodies, the imaginary, mili-
tarism, colonialism, masculinity, and much more. My heartfelt thanks
to: Judy Grbich for her insightful comments on draft chapters, for al-
ways asking the right question and for the example of her scholarship;
Andrea Rhodes-Little who has
helped me to make many of t
he connec-
tions in this book and to find ‘the words to say it’; Ian Duncanson for
being such a generous and thoughtful reader;
Greta Bird and Adrian
Howe, who
reminded me at an important moment that it is possible
to make meanings of human rights outside those deemed legitimate
by the officials of the new world order; Pe
ter Rush for coffee sessions
and ‘bibliographic digressions’; Karen Knop for her responses to earlier
versions of this text and her assurances that one day I would submit
the manuscript; Christine Chinkin and David Kennedy, for their helpful
comments on an earlier version of this manuscript and their encourage-
ment for the project; Philip Alston for his engagement with my ideas
and support for my work over many years; Krysti Guest f
or her steady
focus on the economic and our many Canberra conversations; Jenny
Beard for her insightful comments on this text in its varied forms and
the journeys we have taken together, and Ian Malkin for his friendship
and generosity.
The ideas in this book have been presented at numerous conferences
and workshops over the years, but those people
involved in two such
events in particular shaped my thinking and this text – I am grate-
ful to the organisers and par
ticipants at the United Nations University
Legitimacy Project Workshop held in Tokyo in 2002, and the Academic
Council on the
United Nations System/American Society of International
Law Workshop on Global Gover
nance held at Brown University, Rhode
Island in 1996. My thanks also to Jenny Beard, Megan Donaldson, Simon
Ellis, Jyoti Larke and Rowan McCrae for their invaluable research assis-
tance and editorial skills. My commissioning editor at Cambridge, Finola
O’Sullivan, has been a patient, steady and much-needed source of encour-
agement, while the comments of the a
nonymous referees and of the
series editor, James Crawford, have contributed a great deal to clarifying
and sharpening the connections and arguments made in these pages.
Parts of this book develop work that I have published elsewhere.
Chapters 3 and 5 are substantially revised versions of articles published
as ‘Locating the International: Military and Monetary Interventions after
preface ix
the Cold War’ (1997) 38 Harvard International Law Journal 443 and ‘Mus-
cular Humanitarianism: Reading the Narratives of the New Interven-
tionism’ (1999) 10 European Journal of International Law 679. Chapter 2
contains material included in ‘Feminism, Imperialism and the Mission
of International Law’ (2002) Nordic Journal of International Law (forthcom-
ing) and in ‘Positivism and the Power of International Law’ (2000) 24
Melbourne University Law Review 502.
I owe an enormous debt to the many people who have helped to care
fo
r my children during the period in which this book was written. In
particular, my thanks to my parents Rolene and William Orford for all
the many forms of support with whic
h they provide me, not least being
the intensive hours of baby-sitting they provided at key moments in the
emergence of this text. The staff at the Queensberry Children’s Centre
at
the University of Melbourne have made the work on this project pos-
sible. The extraordinary warmth, generosity, skill and dedication with
which they have cared for my two young children during my working
hours have allowed me to feel safe about taking the space and time neces-
sary to complete this book. In particular, I would like to express my deep
gratitude to Heidi Artmann, Gayle Babore, Georgina Coy, Amber Dwyer,
Halayne Ford, Wendy Grace, Maria Hannah, Harmony Miller
, Georgina
Mitropoulos, Liz O’Brien, Effie Saganas, Cathy Simpson, Donna Taranto,
Nancy Thewma, Averil Tweed, Remziye Urak and Emma Witham.
Finally, two people deserve particular thanks. I am extremely grate-
ful to Hilary Charlesworth for her generous supervision of my doctoral
thesis and her guidance and support while turning that thesis into a
book. Her enthusiasm for the project from the outset and the gift of her
friendship made the experience of writing this manuscript a wonderful
and rewarding one. Her detailed and insightful comments on draft chap-
ters were of enormous assistance in shaping my arguments, while the
example of her
scholarship guided and inspired my approach to writing
about international law.
The constant encouragement and support of my dear friend and part-
ner Andrew Robertson have helped make this book possible. My work has
benefited enormously from our ongoing conversation about law, politics,
life and critique, while his companionship and gentle faith in my ideas
and aspirations have made all the difference. The book has been shaped
by his close reading and valuable comments on many drafts over the
years. The sweet company and small bodies of our beloved sons Hamish
and Felix are a daily reminder to me of the wonder and fragility of life,
and of all that is risked by careless power and wanton violence. This
book, with its dreams of the future of human rights, is for them.

1 Watching East Timor
The era of humanitarian intervention
As I began writing this book during the early days of September
1999, hundreds of thousands of Australians were taking to the streets,
marching under banners proclaiming ‘Indonesia out,
peacekeepers in’.
These protesters were calling for the introduction of an international
peace-keeping force into East Timor to protect the East Timorese from
the Indonesian army-backed militia who were rampaging through Dili
and the countryside – killing, wounding, raping and implementing a
scorched-earth policy. These acts of destruction and violence were a
response to the announcement on 4 September that an overwhelm-
ing majority of East Timorese people had voted for independence from
Indonesia in a United Nations (UN) sponsored referendum held on
30 August. The Australian Opposition Leader, Kim Beazley, was to call
the swell of community protests the strangest and most inspiring event
he had witnessed in Australian political life.
The voices of the protestors joined with the chorus pleading for an
armed UN intervention in East Timor. Timorese leaders such as Xanana
Gusmao and Jose Ramos Horta were calling for such action. Australian
international lawyers were speaking on the radio and television, arguing
that such intervention could be legally justified – as a measure for restor-
ing international peace and security if authorised by a UN Security Coun-
cil resolution, or as an act of humanitarian intervention by a ‘coalition
of the willing’ if no such resolution was forthcoming. As Australians
watched images of Dili burning on their television screens, and read
of women and children seeking protection from likely slaughter in the
sanctuary of the UN compound in Dili, it felt like a strange time to be
1
2 reading humanitarian
intervention
writing a reflexive and theoretical piece about the power effects of the
post-Cold War enthusiasm for humanitarian intervention.
This new interventionism, or willingness to use force in the name
of humanitarian values, played a major role in shaping international
relations during the 1990s. As a result of actions such as that under-
taken by NATO in response to the Kosovo crisis, or the authorisation of
the use of force in East Timor by the Security Council, issues about the
legality and morality of humanitarian intervention again began to dom-
inate th
e international legal and political agenda. One of the most sig-
nificant changes in international politics to emerge during that period
was the growth of support, within mainstream international law and
international relations circles, for the idea that force can legitimately
be used as a response to humanitarian challenges such as those facing
the people of East Timor. The justifications for these actions are illustra-
tive of the transformation undergone by the narratives that underpin
the discipline of international law with the ending of the Cold War.
1
A new kind of international law and internationalist spirit seemed to
have been made possible in the changed conditions of a world no longer
structured
around the old certainties of a struggle between communism
and capitalism.
This shift in support for the notion of humanitarian intervention
resulted in part from the post-Cold War revitalisation of the Security
Council and the corresponding expansion of its role in maintaining in-
ternational peace and security.
2
Under Article 24 of the UN Charter, the
Security Council is the organ of the UN charged with the authority to
maintain peace and security. Unlike most other international bodies or
organs, the Security Council is invested with coercive power. Under Chap-
ters VI and VII of the UN Charter, the Security Council is granted powers
to facilitate the pacific settlement of disputes, and to decide what means
should be taken to maintain or restore international peace and security.
For many years the coercive powers vested by the UN Charter in the
Security Council seemed irrelevant. During the Cold War, the Security
Council was effectively paralysed by reciprocal use of the veto exercisable
1
For the argument that international law is subject to serial rewritings and attempts to
reinvent the international community, see David Kennedy, ‘When Renewal Repeats:
Thinking against the Box’ (2000) 32 New York University Journal of International Law and
Policy 335.
2
The Gulf War was the first sign of what has since been hailed by some as the
‘revitalisation’ of the Security Council. See Boutros Boutros-Ghali, An Agenda for Peace
(New York, 1992), pp. 7, 28.