Legitimacy and legality of collective unilateral humanitarian interventions

Abstract

The legal status of unilateral humanitarian interventions ("UHIs") remains unresolved despite responsibility to protect. Security Council also remains inconsistent in preventing potential humanitarian catastrophes, as evident in the recent case of Syria. Meanwhile, collective action among states has gained rational-legal legitimacy through military alliances or regional organisations, cooperation, and solidarity under international law. But does such legitimacy extend to mitigate or further justify the illegality of UHIs in the conduct of collective UHIs? This paper explores the relationship between the legitimacy of collective action and the legality of collective UHIs. In particular, it retrospectively examines how the legitimacy of collective action in some previous UHIs has influenced the perception and the legal reality of UHIs.