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Fundacja Dobre Państwo
Fundacja Dobre Państwo

Posted on • Originally published at dobrepanstwo.org

Humanitarian Intervention: Between the Letter of the Law and Conscience

This article provides an in-depth legal and ethical analysis of humanitarian intervention, examining the tension between the inviolability of state sovereignty and the moral obligation to protect populations from crimes against humanity. The text traces the evolution from the classical right of intervention to the modern doctrine of the Responsibility to Protect (R2P) formulated by the International Civil Society Institute (ICISS). The authors invoke philosophical foundations such as the Radbruch Formula and the intrinsic morality of Fuller's law to define the limits of obedience to unjust laws. The text is set within the context of the United Nations Charter and the Rome Statute, defining the catalogue of international crimes as an objective measure of the permissibility of the use of force for humanitarian purposes as the ultima ratio.

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