A Contemporary Theory of Humanitarian Intervention

The question of humanitarian intervention is not new. Coercive intervention by a foreign power into the arguably internal affairs of a sovereign state, for allegedly humanitarian reasons, has always been controversial. Whether, or under what circumstances, such intervention is permitted by international law has been widely disputed. If there is any consensus, it is that such intervention should generally be prohibited by international law, or should at least be narrowly restricted by various substantive and procedural limitations.

This article will argue, however, that such a restrictive approach to humanitarian intervention is no longer appropriate. It makes diminishing historical sense given the current and foreseeable practical realities of world affairs. Historical trends demonstrate that the costs of adhering to traditional restrictions on humanitarian intervention are increasing, while the value of such restrictions is decreasing. For several reasons, it seems probable that humanitarian intervention is currently being undersupplied from the standpoint of overall collective welfare.

Loosening some of the traditional legal restrictions on humanitarian intervention would likely lead to significant benefits, with very limited risk of substantial additional costs. Substantial change in the international law of humanitarian intervention is therefore appropriate.