International Criminal Governance: Will the International Criminal Court be an ‘Effective' Mechanism for Justice?

The key argument put forth in this chapter is that a clear criterion is needed for governing humanitarian intervention. The norm of humanitarian intervention is relatively recent, having arisen gradually since the Second World War. The norm of non-intervention was carefully guarded for the first two decades of the United Nations experience; where even raising a state's internal affairs to be the subject of diplomatic discussion was considered a breach of non-intervention Governments no longer have the right to mistreat their own people while hiding behind walls of sovereignty. This definition of humanitarian intervention, of military acts for humanitarian purposes within a state's borders without the state's consent, is narrower than some definitions of humanitarian intervention that have been used. A clear criterion would be primarily directed towards those who can decide whether to authorise humanitarian intervention, but it would also serve as a positive guide to states in their behaviour.