Modification de Intervention: Reinventing war?

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There is often the idea that under the UN charter, the United Nations must play an active role and allow the use of force in order to create conditions and guarantee international peace and security when international peace is threatened. Because of the Security Council's stalemate, this dimension of the UN Charter could never have been implemented during the Cold War with the idea that, with the end of the Cold War, there was an unblocked Security Council. There would be a new era of humanitarian intervention different from "political" interventions linked to Cold War issues. It is the idea that after 1990 there was a "New World Order" with the idea that the Security Council could apply what Kaldor calls "cosmopolitan law enforcement". The debates on the right of interference that took place in the 1990s, mainly in France, is now known as "R2P" or "Responsability to Protect", which is one of the legal justifications to be used in Libya and which makes it possible to try to justify interventions in Syria or elsewhere.
There is often the idea that under the UN charter, the United Nations must play an active role and allow the use of force in order to create conditions and guarantee international peace and security when international peace is threatened. Because of the Security Council's stalemate, this dimension of the UN Charter could never have been implemented during the Cold War with the idea that, with the end of the Cold War, there was an unblocked Security Council. There would be a new era of humanitarian intervention different from "political" interventions linked to Cold War issues. It is the idea that after 1990 there was a "New World Order" with the idea that the Security Council could apply what Kaldor calls "cosmopolitan law enforcement". The debates on the right of interference that took place in the 1990s, mainly in France, is now known as "R2P" or "Responsability to Protect", which is one of the legal justifications to be used in Libya and which makes it possible to try to justify interventions in Syria or elsewhere.


Ignatieff was originally a Canadian scholar and philosopher who wanted to make the theory of this new interventionism and conceptualization into the creation of a "humanitarian empire" that would challenge the sovereignty of states that would use force against their own people. One of the first humanitarian interventions was Operation provide comfort, a multilateral operation in Iraqi Kurdistan following the First Gulf War. After the First Gulf War, there was a rebellion in northern Iraq by the Kurds and in southern Iraq by Shiites who challenged the central government, taking advantage of the weakness of the Iraqi bassist government following its defeat in the First Gulf War. Saddam Hussein and the Baathist regime harshly suppress the Shia and Baathist rebellion. In this context, the United States is passing a resolution in the Security Council that states that an international coalition must provide military and humanitarian assistance to the Kurdish people in order to put an end to the massacres of the Kurdish people. The reason why the same type of intervention is not being carried out in southern Iraq is because the Americans are afraid that the Shiite uprising will be led by Iran.
Ignatieff was originally a Canadian scholar and philosopher who wanted to make the theory of this new interventionism and conceptualization into the creation of a "humanitarian empire" that would challenge the sovereignty of states that would use force against their own people. One of the first humanitarian interventions was Operation provide comfort, a multilateral operation in Iraqi Kurdistan following the First Golf War. After the First Golf War, there was a rebellion in northern Iraq by the Kurds and in southern Iraq by Shiites who challenged the central government, taking advantage of the weakness of the Iraqi bassist government following its defeat in the First Golf War. Saddam Hussein and the Baathist regime harshly suppress the Shia and Baathist rebellion. In this context, the United States is passing a resolution in the Security Council that states that an international coalition must provide military and humanitarian assistance to the Kurdish people in order to put an end to the massacres of the Kurdish people. The reason why the same type of intervention is not being carried out in southern Iraq is because the Americans are afraid that the Shiite uprising will be led by Iran.


UNSC Resolution 688 will justify this operation in northern Iraq in 1991. Under the United Nations Charter and a United Nations Security Council resolution authorizing the use of force, such use of force in a third country authorized by a Security Council resolution is only possible on the basis of the argument that such intervention is being carried out to guarantee the peace and security of the international order. The resolution says that the rebellion has taken on such proportions that it threatens peace and international order that humanitarian and military aid can be provided. What is new is not only the qualification of this intervention as "humanitarian", but also that for the first time, humanitarian crises are or can be considered a threat to peace or international security that can justify interventionism. It is on the basis of this convention that other interventions such as those in Somalia, Bosnia and Kosovo will take place, with the argument that humanitarian crises or civil wars can take on such proportions as to undermine and threaten international peace that justifies the use of force.
UNSC Resolution 688 will justify this operation in northern Iraq in 1991. Under the United Nations Charter and a United Nations Security Council resolution authorizing the use of force, such use of force in a third country authorized by a Security Council resolution is only possible on the basis of the argument that such intervention is being carried out to guarantee the peace and security of the international order. The resolution says that the rebellion has taken on such proportions that it threatens peace and international order that humanitarian and military aid can be provided. What is new is not only the qualification of this intervention as "humanitarian", but also that for the first time, humanitarian crises are or can be considered a threat to peace or international security that can justify interventionism. It is on the basis of this convention that other interventions such as those in Somalia, Bosnia and Kosovo will take place, with the argument that humanitarian crises or civil wars can take on such proportions as to undermine and threaten international peace that justifies the use of force.
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There are no undisputed definitions of intervention, but generally speaking,"intervention" is distinguished from "war". When we talk about "intervention", there is the use of force and the use of armed forces, but at the same time it is not war. According to the UN Charter, war is illegal in Articles 2 and 4, except for Article 51 and Chapter VII. The conditions are so restrictive that war must be better denied when it is practised.
There are no undisputed definitions of intervention, but generally speaking,"intervention" is distinguished from "war". When we talk about "intervention", there is the use of force and the use of armed forces, but at the same time it is not war. According to the UN Charter, war is illegal in Articles 2 and 4, except for Article 51 and Chapter VII. The conditions are so restrictive that war must be better denied when it is practised.


We are talking about the Vietnam War, the Gulf War, journalistic or scientific vocabulary, but officially these events have not been recognized as "war". It is not illegality as such that systematically leads governments to speak of intervention rather than war, but rather the general delegitimisation of the notion of "war" since 1945. Even wars presented as "legal" and perceived as such are generally denied as such by their protagonists. Under the First Gulf War, the United States did not recognize it as a "war", but as the "use of international force sanctioned by the Security Council". Also for Afghanistan where the term "war" is used metaphorically.
We are talking about the Vietnam War, the Gulf War, journalistic or scientific vocabulary, but officially these events have not been recognized as "war". It is not illegality as such that systematically leads governments to speak of intervention rather than war, but rather the general delegitimisation of the notion of "war" since 1945. Even wars presented as "legal" and perceived as such are generally denied as such by their protagonists. Under the First Golf War, the United States did not recognize it as a "war", but as the "use of international force sanctioned by the Security Council". Also for Afghanistan where the term "war" is used metaphorically.


How the war was denied in those cases where scientific and journalistic language agreed that it was indeed "war". The idea often put forward to say that it was not a question of war was to define it in relation to the "old institution" of "inter-State war" and to show that it is not one. In the case of the First Gulf War, the justification is that it is not a war against the state, but against a "component of society". In the 2001 intervention in Afghanistan, George Bush justified it as not a "war" because it was not against the Afghan state, but against the Afghan regime. In interventionist rhetoric, the term "regime" is used to deny the existence of "government".
How the war was denied in those cases where scientific and journalistic language agreed that it was indeed "war". The idea often put forward to say that it was not a question of war was to define it in relation to the "old institution" of "inter-State war" and to show that it is not one. In the case of the first golf war, the justification is that it is not a war against the state, but against a "component of society". In the 2001 intervention in Afghanistan, George Bush justified it as not a "war" because it was not against the Afghan state, but against the Afghan regime. In interventionist rhetoric, the term "regime" is used to deny the existence of "government".


The concept of "war" defined in a very strict sense is to justify intervention in the context of war and refers to the traditional definition, whereas current interventions are not wars against a State. Inter-state wars are not only wars between states, but wars between governments. In the case of Afghanistan, this was the argument since, by recognizing only Afghanistan before the Afghanistan war, being in conflict with the illegitimate Taliban regime is to be in conflict with the Afghan state. This notion of "regime" in the context of intervention serves to deny the governmental character of the authorities in place. In the framework of Libya, the Transitional Council was recognised as the government of Libya, being at war with Gaddafi was at war with the government of Gaddafi alongside the legitimate Libyan government.
The concept of "war" defined in a very strict sense is to justify intervention in the context of war and refers to the traditional definition, whereas current interventions are not wars against a State. Inter-state wars are not only wars between states, but wars between governments. In the case of Afghanistan, this was the argument since, by recognizing only Afghanistan before the Afghanistan war, being in conflict with the illegitimate Taliban regime is to be in conflict with the Afghan state. This notion of "regime" in the context of intervention serves to deny the governmental character of the authorities in place. In the framework of Libya, the Transitional Council was recognised as the government of Libya, being at war with Gaddafi was at war with the government of Gaddafi alongside the legitimate Libyan government.
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Assuming that war is only the inter-state war, one can deny that one is at war by denying the sovereign character of the government in power in favour of a rebel coalition. Even if there has been no armed intervention in Syria, the current discourse of the French government, which considers the Syrian coalition to be a legitimate authority, is in the direction of a coalition. It is a political justification that works by denying the war character of a conflict. From the legal point of view this is questionable. It is when we do not want to say that we are in "war" that we say that we are in an intervention, but the notion of "intervention" differs from the "diplomatic peace mission" because when we speak of "intervention", generally it is in the context of a coercive intervention against an authority in power considered to be governmental or not. Missions often speak of "counter-insurgency" or "peace-building" as part of this interventionist paradigm, which are described as "neither peace nor war" to deny their warlike character. At the same time, it is different from peace because it does not involve the use of force, except for peacekeeping operations under Chapter VI on the principle of "neither war nor peace", but the objective is peace, but it is also the case for many wars.
Assuming that war is only the inter-state war, one can deny that one is at war by denying the sovereign character of the government in power in favour of a rebel coalition. Even if there has been no armed intervention in Syria, the current discourse of the French government, which considers the Syrian coalition to be a legitimate authority, is in the direction of a coalition. It is a political justification that works by denying the war character of a conflict. From the legal point of view this is questionable. It is when we do not want to say that we are in "war" that we say that we are in an intervention, but the notion of "intervention" differs from the "diplomatic peace mission" because when we speak of "intervention", generally it is in the context of a coercive intervention against an authority in power considered to be governmental or not. Missions often speak of "counter-insurgency" or "peace-building" as part of this interventionist paradigm, which are described as "neither peace nor war" to deny their warlike character. At the same time, it is different from peace because it does not involve the use of force, except for peacekeeping operations under Chapter VI on the principle of "neither war nor peace", but the objective is peace, but it is also the case for many wars.


Often, the objective of "regime-change" or "support" to a government is seen as an important criterion. There is the idea that intervention cannot result in border changes such as annexation, but conversely that intervention on the contrary of war is aimed at overthrowing a government, consolidating a regime or restructuring a regime in a way that is more consistent with international law or principles considered universal. The First Gulf War in 1991 was designed as an "intervention" but did not lead to regime change. The UN resolutions related to this intervention do not go so far as to justify the overthrow of Saddam Hussein, even though Bush called for the overthrow of Saddam Hussein, helping to trigger revolts in Kurdistan and the Shiite south because these populations had hoped to be supported by the outside world.
Often, the objective of "regime-change" or "support" to a government is seen as an important criterion. There is the idea that intervention cannot result in border changes such as annexation, but conversely that intervention on the contrary of war is aimed at overthrowing a government, consolidating a regime or restructuring a regime in a way that is more consistent with international law or principles considered universal. The First Golf War in 1991 was designed as an "intervention" but did not lead to regime change. The UN resolutions related to this intervention do not go so far as to justify the overthrow of Saddam Hussein, even though Bush called for the overthrow of Saddam Hussein, helping to trigger revolts in Kurdistan and the Shiite south because these populations had hoped to be supported by the outside world.


An important criterion when trying to legally define the concept of intervention is the notion of "breach of State sovereignty". It is aimed at regime change or restructuring and violates the sovereignty of the State in place to such an extent that the principle of sovereignty in the UN charter translates into the "principle of non-intervention" since "intervention" is the opposite of "sovereignty", seeking to govern the territory of a third State, changing the government to change the sovereign character of the authorities in place. When one considers that a mission was consented to by a government following an aerial bombardment, whether that consent is free and sovereign is open to debate in Bosnia's case. The positive connotation of the notion of "intervention" in contrast to that of "war" means that operations that violate the principle of sovereignty are referred to as operations interventions. Intervention "was only referred to as an" intervention "when there was a flagrant violation of a government's sovereignty, and an" intervention "was a violation of the" principle of non-intervention ".
An important criterion when trying to legally define the concept of intervention is the notion of "breach of State sovereignty". It is aimed at regime change or restructuring and violates the sovereignty of the State in place to such an extent that the principle of sovereignty in the UN charter translates into the "principle of non-intervention" since "intervention" is the opposite of "sovereignty", seeking to govern the territory of a third State, changing the government to change the sovereign character of the authorities in place. When one considers that a mission was consented to by a government following an aerial bombardment, whether that consent is free and sovereign is open to debate in Bosnia's case. The positive connotation of the notion of "intervention" in contrast to that of "war" means that operations that violate the principle of sovereignty are referred to as operations interventions. Intervention "was only referred to as an" intervention "when there was a flagrant violation of a government's sovereignty, and an" intervention "was a violation of the" principle of non-intervention ".
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