Dissertations / Theses on the topic 'Droit d'ingérence humanitaire'
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Izouli, Sylvie. "Le devoir d'ingérence." Strasbourg 3, 1996. http://www.theses.fr/1996STR30010.
Full textThe expression "duty to interfere" has recently appeared among international law vocabularies. It was made up by nongovernmental humanitarian organizations to draw public opinion to the serious consequences which are generated in the absence of any humanitarian assistance for the victims of natural disasters or other emergency situations. On the proposal of France, the un general assembly passed two resolutions : the 43 131 of 8 december 1988 and the 45 100 of 14 december 1990 concerning the provision of humanitarian assistance and the creation of humanitarian emergency corridors. On the proposal of France, the un general assembly passed two resolutions : the 43 131 of 8 december 1988 and the 45 100 of 14 december 1990 concerning the provision of humanitarian assistance and the creation of humanitarian emergency corridors. But the establishment of the right to humanitarian assistance, the decision of the details of implementation and the limit of its extent have been enabled by the actions carried on or allowed by the un Security council, during the political disasters that occurred in Kurdistan, Irak. , Somalia, Bosnia-Herzegovina and Rwanda. At, present the Security council regards attacks on the right to assistance as threats on peace and on international security which justify the resort to the armed coercive measures that chapter VII of the chart makes provision for
Olinga, Alain Didier. "Contribution à l'étude du droit d'ingérence : l'assistance humanitaire et la protection des droits de l'homme face au principe de non-intervention en droit international contemporain." Montpellier 1, 1993. http://www.theses.fr/1993MON10031.
Full textThe right of interference, conceived since few years by authors in international law to strengthen the international humanitarian action and the international protection of human rights, appears today to create more problems than it solves. The theoritical pertinency of the concept is not yet established in a satisfactory way. Its normative elaboration by united nations still remains uncertain and controversal and its material execution problematical. Between the return to the quasi-unanimously rejected prostice of humanitarian interventions and the dilution in a collective security practice reactivated by actual changes in the world, the right of interference as a new autonomous institutions still have to find its marks, to give itself a distinctive aspect. Its future already seems in delay and even compromise
Zamuna, Abdolhakim. "Ingérence humanitaire et droit international." Nice, 1998. http://www.theses.fr/1998NICE0007.
Full textThe very beginning of the law of people. The fundamental question which arose among christians was over the origin of the causes which could start a situation of ingerence or a war. If the causes were considered as fair in the eyes of the theological tradition, there was a right of "fair war". In the nineteenth and in the beginning of the twentieth century, states and the occidental doctrine adapt this right of "fair war", justifying colonial expansion with the theory of "humanity intervention". According to the old occidental doctrine, international law only governs "civilized" states, while it is allowed to interfere in states that are disrespectful to humanitarian values in ingerence for humanitarian motives goes back a long way. This notion dates back a long time, from order to carry out a civilizing mission. After the second world war, the consequence of the principle of the sovereign equality of states in the charter of the united nations, is the banning of ingerence in all its forms. No state, however big its power is, can impose its will on a weaker state. As a consequence, ingerence even in the name of the humanitarian cause, is banned in the contemporary international law. At the end of the bipolar era, from 1989, the question of the direct ingerence of a state especially in the name of the humanitarian is once again considered. The notion of "humanitarian ingerence" is ambiguous and implies several problems difficult to solve. From the juridical point of view, this notion has always been a source of ambiguity and has not been subjected to any convention or usual practice considered as a custom that could give ingerence some juridical value
Mengue-Ekomie, Roger. "Le droit d'ingerence : limites et controverses." Reims, 1997. http://www.theses.fr/1997REIMD001.
Full textThe existence of humanitarian crises, the protection of human rights and the acceptance of humanitarian law, express the rights of civilians to international aid. One word explains the efforts of international community about assistance : humanitarian intervention. But, according to international law, "humanitarian" and "intervention" are contradictions when viewed through the prisme of sovereignty. It is our conviction that, the two can be reconciled by examining closely the sources of underlying authority for both intervention and assistance. Another argument, the concept of "humanitarian intervention" remains ambiguous and thereby easy to manipulate in order to serve interests other than those of the civilian victims or international peace and security. Adoption of this notion by states in an interstate frame work and u. N. Has contributed to the confusion of efforts of ngo. The iraq case illustrates that, there is no mechanism in place to distinguish truly humanitarian motivations from blased national interests. About somalia, the presence of armed forces in assistance, can break the human right, if a military commitment does'nt combine policy goals and clear strategic objectives. The humanitarian intervention has prevented the europe communauty and the united states from mounting and effective cooperative effort to deal with the bosnian and ruandese conflict. Far from improving the preoccupations of "urgence" concept, the new "humanitarian intervention" is another point of disagreement between powerful states. In fact, humanitarian intervention is not defined structly as an international norm
Bayo, Emmanuel. "Le "droit d'ingérence" : nouvelle forme de l'"intervention d'humanité"." Paris 10, 2000. http://www.theses.fr/2000PA100109.
Full textMunsch, Catherine. ""Action humanitaire et droit international public" Etude des incidences de l'action humanitaire sur le droit international public." Tours, 1999. http://www.theses.fr/1999TOUR1003.
Full textSow, Youssouf. "Contribution à l'étude du principe d'ingérence humanitaire et ses difficultés d'application dans [le] droit international contemporain." Perpignan, 2006. http://www.theses.fr/2006PERP0725.
Full textQuestions relative to interference for humanitarian motives have long existed. In fact they go back to the most primitive origins of the rights of people. However, the recognition of the principle of sovereign equality , of the non-use of force and intervention of the Charter of United Nations immediately after the Second World War means that interference of any form is strictly forbidden. At the end of the Cold War (from 1989), which was characterised by a significant change in international relations, the issue of interference, and in particular, interference for huminatarian motives, was once again raised. At this period, the concept of "the right to interfere" appeared. Having been cited often by the authors of legal doctrine for many years now, in order to support international humanitarian actions, this concept seems presently to be raising more questions than it has answered. The theoretical relevance of this concept has not been established in a satisfactory manner. Its full recognition by the United Nations is still uncertain and controversial, and its practical application difficult. "Law" and "Interference" are contradictory when seen through the prism of sovereignty, even if it is true that the two notions can be reconciled if one considers the underlying sources of inference and assistance. The legal arguments must be examined and highlighted in order to show both their weaknesses and their contradictions
Bolot, Fabrice. "L'action humanitaire internationale d'urgence." Dijon, 1998. http://www.theses.fr/1998DIJOD002.
Full textAt the end of the cold war, it could be hoped that a new world order would arise and that it would pave the way for more stable relationship between states and for a decrease in the number of conflicts. In a context of geopolitical upheaval, it seemed that time had come to assert the right of endangered populations to international emergency humanitarian action when they could not be rescued by their own governments. One of the most crucial issues for the united-nations organization was to find a way of reconciling the need for efficient measures at international level with the principle of sovereignty of states. This issue is at the center of the role of the united-nations organization as the defender of human rights throughout the world
Clergeot, Jacques. "Le Saint-Siège et la notion d'ingérence humanitaire." Paris 4, 2001. http://www.theses.fr/2000PA040168.
Full textDjinadou, Moudjib. "L'organisation des nations unies et l'action humanitaire." Paris 5, 1997. http://www.theses.fr/1997PA05D011.
Full textThe new context of the end of the eighties, with the end of cold war, the desintegration of the soviet empire, and the resurgence of nationalisms, was the catalyst of a new type of conflicts, the internal ones, dividing ethnics groups. The united nations have then been forced to fit their intervention policy to this new deal. The resolutions 43/131 and 45/100 adopted by general assembly, and resolution 688 of the security courcil have been the juridical outcome of an awareness of the necessity of this adaptation. But several difficulties appear on the field, mainly because of a lack of preparation of the organization before the newness and complexity of the situations, as shown by the cases of former yugoslavia, rwanda and somalia
Maskrot, El Idrissi Latifa. "La protection des populations civiles victimes de conflits armés ayant entraîné le prononcé d'un embargo international." Montpellier 1, 2005. http://www.theses.fr/2005MON10029.
Full textWeil-Sierpinski, Batyah. "L'intervention d'humanité : un concept en mutation." Montpellier 1, 1995. http://www.theses.fr/1995MON10062.
Full textHumanitarian intervention is a concept that was developped in the nineteenth century. This concept was formed differently according as it was conceived by the states or authors of international law. It remained in contemporary international law but its content and modalities have changed, state presentation coming close to doctrinal presentation. It was especially envisaged in connection with rescuing nationales abroad through military coercion. The concept of humanitarian intervention was reactived by the latest emergence of a type of humanitarian assistance. It is possible to consider that humanitarian intervention is a changing concept but whatever this change is, this concept must be analysed according to nowadays international law. The study of humanitarian intervention stricto senso, humanitarian intervention rescuing national abroad and humanitarian assistnce shows typical changes in the international society evolution
Bellion-Jourdan, Jérôme. "Prédication, secours, combat : l'action humanitaire des ONG islamiques entre da'wa et jihad." Paris, Institut d'études politiques, 2002. http://www.theses.fr/2002IEPP0052.
Full textMabiala, Ruffin Viclère. "Le droit d'ingerence." Paris 8, 1997. http://www.theses.fr/1997PA081229.
Full textThe fall of the berlin's wall and the death of communism caused a big change in the international system. We talk more and more of the right of intervention which irripts in the world setting a new atmosphere. This right of intervention which the good study is the fonctionnalism can be observed under three categories : the right of political intervention which contains political intervention, military intervention and democratical intervention ; the right of economical intervention which contains economical intervention, demografical intervention and ecolojical intervention and the right of social intervention centered around the cultural intervention and humanitary intervention. The four fonctional imperatives of the american sociologist talcott parsons, adaptation, the pursuit of aims, integration and the latency show us that it's a fireman- pyromaniac politic which badly hides the interests of the high countries. It's one way right, of variable geometry and of uncertain bases, caracterized by the interventions of occidental countries (subject of international right) in the third world countries (object of people's right). This right of domination stands for the return at the colonisation in contradiction with the essential principle of non-intervention in the intern-affairs of a sovereignty which is a basic chart of the united nations in chapter 2 paragraph 7. We have to fight against this lancet without garantee to the profits of the pacific resolution of conflicts. It's a good politic to diagnose the causes that provoc the intervention right in international relations. These causes are political, economical and social. A prevention of the facts that could permit intervention would be preferable : a new economical order and a new political and social order which would garanteed the application of geneve's conventions of 1949 and their 2 additional protocols of 1977
Simon, Christine. "Le conflit armé interne : un concept ambigu et contemporain." Montpellier 1, 1995. http://www.theses.fr/1995MON10037.
Full textThe jurdical complexity, the actuality of the action and the "savoir-faire" are the main features of the internal armed conflict. Ignored until 1949 by the international legislation, the internal armed conflict will begin to be recognized with the adoption of the article 3 commun to the four conventions of geneva in 1949. This acknowledgment will expand with the adoption of the protocol ii additional to the covnentions of 1949 which finally admits. Withn the context of the internal armed conflict, the existence of some measures intending to limit the suffering due to the war. However it will be difficult tu put these leasures into practice because it calls into question the principle of sovenignty. The internal armed conflict emobies two aspects which raise the problem of the interpretation and the implementation of the lmegislation. These aspects are : - the situation of trouble and internal tension as a prelimary phase or the secret existence of an internal armed conflict. - the internal armed conflict internationalized by the fact of a foreign intervention. Within the context of the internal armed conflict, the aid operations are going to pose the question of the humanitarian intervention of the foreib states
Defond, Juliette. "L'impérialisme humanitaire : l’instrumentalisation de la dynamique globale humanitaire au service de l’expansionnisme capitaliste." Thesis, Aix-Marseille, 2019. http://www.theses.fr/2019AIXM0420.
Full textThe purpose of this doctoral thesis is to demonstrate, in the light of the analysis of the global humanitarian dynamics, that both the conceptual field of humanitarian and the engineering of humanitarian are instrumentalized in order to serve the interests of capitalist imperialism. Indeed, it will be demonstrated that humanitarian concepts, norms and tools are used by various actors as a Trojan horse to open new markets in order to satisfy the expansionist imperatives of capitalism. The pragmatic deconstruction of the humanitarian conceptual field and the humanitarian engineering reveals the instrumentalization of the global humanitarian dynamics, serving the fundamentally expansionist dynamics of capitalism and the imperative needs for maintaining this hegemonic economic model
Giraudou, Isabelle. "Typologie des catastrophes éligibles aux interventions humanitaires de l'ONU : étude empirique et normes applicables." Paris 2, 1999. http://www.theses.fr/1999PA020042.
Full textDrouin-Hassoun, Hélène. "Les organisations non-gouvernementales dans le droit et les relations internationales." Nancy 2, 2001. http://www.theses.fr/2001NAN20005.
Full textPrieto, Sanjuán Rafael Arturo. "Contribution à l'étude de la responsabilité internationale des entités non-étatiques participant à un conflit armé non-international." Paris 2, 2000. http://www.theses.fr/2000PA020094.
Full textSanta-Anna, Dahirou Olatundé. "Conflits internes, crises humanitaires et droit international." Limoges, 2011. http://www.theses.fr/2011LIMO1012.
Full textTwo phenomena destabilize the internal order of States and the international order. These are internal armed conflicts and humanitarian crises. Their conceptualization, definition and subjection to International Law wich is built upon the interests of States and hence their sovereignty, have long engendered resistance. Unlike armed conflicts of an international character, internal armed conflicts have long been subject to the domestic law of States. Humanitarian crises, for their part, although usually associated with internal conflicts, have not led to a generally accepted definition even though they are subject to operational management and have led to the development of an interventionist approach. With the end of World War II and the Cold War, the ensuing myriad changes in the international system increased the magnitude and complexity of internal conflicts and humanitarian crises and led to a gradual development of International Law characterized by the normative and operational management of both internal conflicts and humanitarian crises, including the development and affirmation of standards for the protection of human rights, the implementation and modernization of existing mechanisms, and the emergence of new players on the international scene whose competences reflect only a partial erosion of the sovereignty of States, wich remain essential subjects of International Law, both in its development and its implementation
Bouacha, Mohammed. "De la legitimation de la conduite de politique exterieure des etats a la lumiere de certains cas de recours a la force armee." Paris 5, 1997. http://www.theses.fr/1997PA05D016.
Full textLegitimization processes in the contemporary era reflect the tension between order and justice, tension which can be perceived in the united nations charter and which is persistent under contemporary international law "divided between legitimacy and legality". States which have used force in international relations expressed the will not to depart from the united nations charter paradigm relating to the jus ad bellum for justifying their actions. However, although they proved loyal to this paradigm, states took advantage of the ambiguities of article 2$$4 as well as of the exceptions to this rule, hence eroding the prohibition of the recourse to force. In the same time, states have shown they were interested in promoting "justice". The preference for "justice" over peace has been, in the post war era, the problem that most undermined charter norms on the use of force although. Article 2$$4 has been interpreted in such a way as to justify nearly all kind of recourse to force, there is no common definition of what constitute a "just" cause. States have had recourse to force in order to promote various "just" causes. The end of cold war consecutively to the collapse of communism in eastern countries fortold the emergence of a consensus around "just" causes. In particular, use of power to promote internal self-determination was found to be permissible. Such an evolution foretells a growing international consensus around what constitute an "illegitimate" regime. Legitimacy is normative, it refers to the international covenant on civil and political rights. This consensus is the premise of an emerging belief that it is becoming permissible to use force in order to remove "illegitimate regimes". Some authors refer to the emergence of a "new legal obligation", a new "paradigm", the " pro-democratic" pardigm
Guillaume, Stéphane. "La question sino-tibetaine en droit international." Reims, 2000. http://www.theses.fr/2000REIMD013.
Full textSom, Ndes Jean-Pierre. "Une nouvelle approche de la sécurité en Afrique subsaharienne à la lumière de l'évolution internationale contemporaine." Paris11, 2003. http://www.theses.fr/2003PA111011.
Full textHakata, Kei. "La protection internationale des personnes déplacées à l'intérieur de leur propre pays." Nancy 2, 1998. http://www.theses.fr/1998NAN20004.
Full textThe question of the internally displaced persons, of which the international community had long been unaware, finally drew attention of the united nations by the end of the 1980s. Unlike refugees for whom a regime of international protection exists, the internally displaced persons do not constitute a legal category which obtains a systematic protection in international law. Conscious of the legal lacuna, the United Nations attempts to conceive an efficient protection scheme through legal norms and institutional and operational efforts. The elaboration of a legal regime will consist in clarifying existing lacunae and in synthesizing the different norms of human rights and humanitarian law in the light of the protection of the persons concerned. Parallel to this, field activities constitute a genuine protection scheme. Diverse international actors, among them UNHCR and ICRC, undertake to protect and assist these persons by interpreting their mandate very flexibly. Nonetheless, humanitarian or development agencies cannot alone confront the crisis situation. Then, a humanitarian intervention undertaken by the UN Security Council can offer an alternative. This solution requires a double condition, that is, the existence of a crisis on a large scale and convergent political wills, which makes it quite exceptional
Pomès, Éric. "La responsabilité de protéger : recherche sur une conciliation du droit et de la force à des fins humanitaires." Nice, 2009. http://www.theses.fr/2009NICE0003.
Full textThe responsibility to protect, which can be understood as a return to war just adapted to a solidaristic vision of contemporary international law, is an attempt to respond to situations of massive human rights violations. It seems, at first analysis only as a new attempt at legalizing humanitarian interventions, and this is also his ambition. But it does not stop there. For where the right of interference and the doctrine of humanitarian intervention merely to be a right of intervention by force in States where the acts took place which shocked the Western conscience, responsibility to protect is wider not limited to formalize an authorization to use force. It provides, instead, a foundation and a clear legal framework and an operational framework for those who wish to intervene militarily in situations of grave and massive violations of fundamental rights which would cause a large number of victims
Lô, Gourmo. "Assistance militaire et droit des peuples à disposer d'eux-mêmes." Nancy 2, 1985. http://www.theses.fr/1985NAN20012.
Full textBélanger-Vincent, Ariane. ""Everything was designed to make sure that this thing endured" : processus de légitimation et la responsabilité de protéger." Doctoral thesis, Université Laval, 2016. http://hdl.handle.net/20.500.11794/26938.
Full textThis dissertation concerns the “Responsibility to Protect” (R2P), its emergence as an idea and the legitimization processes that contributed to its success in the diverse arenas of global politics. The principle of justified military intervention on humanitarian grounds became progressively more legitimate in the 1990s. It was, nonetheless, characterized by intense polemics in its practice. Conflicts that brutally affect civilian populations, where interventions are called for, are nowadays justified in terms of R2P. What has occurred is first a normative change. This change was crystallized in the 2001 International Commission for Intervention and State Sovereignty (ICISS)’s report, which coined the phrase “Responsibility to Protect.” The starting point here, however, is that R2P leads to a discursive change in the ways to talk about and to justify those practices. I show how the R2P language has forged the most important consensus on the principle of intervention justified on humanitarian grounds. The central thesis of this research is that the relative success of R2P relates to the acute practical logic (sens pratique) deployed by ICISS architects and R2P advocates. The strategy employed in this dissertation is to highlight the legitimization processes actively used to produce this discursive change. I suggest that the agents knew how to place R2P – and by extension the principle of intervention justified on humanitarian grounds – into the realm of the non-problematic. They did so by using language and practices seen as legitimate in the field of global politics. In other words, it was important to choose the agents who had the recognition (reconnaissance) to propose a solution. Yet, these agents also needed to have the practical ability to propose a solution in ways seen as legitimate. The tracking of these legitimization processes becomes an analytical tool to understand R2P success, and reveals fundamental elements of the formal and informal functioning of global politics.
Regragui, Saâd. "Le devoir d'assistance étrangère aux peuples en danger." Nancy 2, 1985. http://www.theses.fr/1985NAN20007.
Full textHajjami, Nabil. "La responsabilité de protéger." Doctoral thesis, Angers, 2012. http://www.theses.fr/2012ANGE0062.
Full textThe responsability to protect is a concept created by the International commission on intervention and state sovereignty (ICISS). Established in 2000 by the Canada, she tried to overcome the controversies inherent in debates on the "right of humanitarian intervention". In order to achieve this objective, the Commission has forged a new concept, the "responsability to protect", which would permit to reconcile, rather that to oppose the notions of sovereignty and intervention. Since then, the responsability to protect has been highly controversial in international law. Integrated in a resolution of the UN General assembly in september 2005, applied by the Security council during the crisis in Libya in march 2011, the concept is now at the center of debates relating to the legal framework of protection of civilians. This thesis intends to examine the various legal implications of the responsabilty to protect, opting for a positivist approach. Accordingly, a question will command all our thinking: the emergence of the responsability to protect did, in international law, led to an improvement of the protection of civilians?
Aggar, Samia. "La responsabilité de proteger : un nouveau concept ?" Thesis, Bordeaux, 2016. http://www.theses.fr/2016BORD0434/document.
Full textInternational responsibility is a set of consequences connected to the violation ofinternational obligations, this being the legal ties which bind a subject of international law toadopt a defined way of behaving towards another or others or to abstain. If there is illicitconduct the International Community can intervene, which is often named “right ofintervention”. The latter hasrecently developeda new terminology introduced in the (ICISS)report: “responsibility to protect”. It is a concept according to which the sovereign states havethe obligation to protect their own populations against large-scale catastrophes.From theperspective of going beyond the opposition between sovereignty and intervention we willanalyse the behaviour of the International Community faced with the “responsibility toprotect”, its incumbent role when the state fails in its obligations.Aside from its creators itremains to be seen who will benefit from this protection, its implementation and its limits. Ifthe notion of the “responsibility to protect” not only constitutes new terminology, does itchange an issue already raised by the “right of intervention”: military deployment with aimswhich are not purely military?
Hajjami, Nabil. "La responsabilité de protéger." Doctoral thesis, Universite Libre de Bruxelles, 2012. http://hdl.handle.net/2013/ULB-DIPOT:oai:dipot.ulb.ac.be:2013/209567.
Full textDepuis lors, la responsabilité de protéger a fait l’objet de vives controverses en droit international. Intégrée dans une résolution de l’Assemblée générale de l’ONU en septembre 2005, appliquée par le Conseil de sécurité lors de la crise en LIBYE de mars 2011, le concept se trouve, aujourd’hui, au centre des débats se rapportant au cadre juridique de la protection des populations civiles.
La présente thèse entend examiner les différentes implications juridiques de la responsabilité de protéger, en optant pour une démarche résolument positiviste. La réflexion proposée tente d’en embrasser les différents aspects, tant conceptuels qu’opérationnels, aux fins d’aboutir à une étude globale, synthétique et actualisée du concept. Partant, une interrogation commandera l’ensemble de notre réflexion: l’émergence de la responsabilité de protéger a-t-elle, en droit international, permis une amélioration de la protection des populations civiles ?
Doctorat en Sciences juridiques
info:eu-repo/semantics/nonPublished
Atbaiga, Faraj. "Les crimes contre l'humanité : entre droit et politique." Thesis, Paris 5, 2012. http://www.theses.fr/2012PA05D002.
Full textThe notion of crimes against humanity asserted itself after the Second World War. It took a new dimension in the bend of the 90's, after the Rwandan genocide, then the crimes committed against the Albanian civil populations in ex-Yugoslavia. Those events fed the debates, raised anxieties, and seem to have woken the " humanitarian consciousness " of the " international community ". This awakening also coincides - and it is not a fate - with the end of a bipolar world (fall of the Berlin Wall, collapse of the USSR and dislocation of the countries of the east block). So, the resurgence of the concept of crimes against humanity intervenes in a world in deep break; a break which produce its effects on the sense, the definition and the impact of the concept. In other words, the idea of crimes against humanity spreads in an unstable world where the right, more than ever, collides with the sovereignty of States and with the strategic and geopolitical interests of "Powerful", as shows of it the difficult gestation of the International Criminal Court (CPI). More concretely, the balance of power holds an important place and continue to rule the international relations, even in a domain which, in theory, should be consensual: the crimes against humanity. In this context, it is not surprising to see certain countries accused of crimes against humanity (Sudan, Somalia, Serbia, Libya), wheras others crimes and tortures (those committed in the Palestinian territories or by the American army in Iraq...) remain unpunished. This theme, basing on the idea that the power of right collides with the law of the strongest, could justify the idea according to which the concept of crimes against humanity is far from being a completely neutral concept. From there ensues the formulation of our hypothesis: while the crimes against humanity appear as a concept in search of identity, its application turns out difficult and seems to vary according to circumstances (variable-geometry)
Jeangène, Vilmer Jean-Baptiste. "Au nom de l'humanité? : histoire, droit, éthique et politique de l'intervention militaire justifiée par des raisons humanitaires." Thèse, Paris, EHESS, 2009. http://hdl.handle.net/1866/4242.
Full textMilitary intervention justified on humanitarian grounds is a constant of the international order, designated by different names: “intervention d’humanité” in the nineteenth century, humanitarian intervention in the English-speaking tradition, “droit” or “devoir d’ingérence” in France, responsibility to protect the last few years. The aim of this interdisciplinary dissertation is to understand this complex phenomenon in all its dimensions - historical, legal, ethical and political - and develop a realistic theory of intervention by the analysis of five criteria: just cause, legitimate authority, right intention, last resort and proportionality. We show that realism is not an amoral conception of foreign policy but an epistemological commitment to analyze international relations as they are rather than as we would like them to be. That so-called humanitarian intervention is not, contrary to a widespread prejudice, a recent phenomenon, or even inherited from the nineteenth century. We can trace its genealogy in several millennia in many cultures. That none of the terminology used is satisfactory. That one must abandon the criterion of good intention because the intervening state is not, cannot and should not be disinterested. That it is possible to defend a minimal interventionism, in some cases and under certain conditions, while assuming the lack of disinterestedness, the selectivity of interventions, the risk of abuse and the uncertainty of the result.
Réalisé en cotutelle avec le Centre de recherches politiques Raymond Aron de l'Ecole des Hautes Etudes en Sciences Sociales (EHESS) de Paris, pour un doctorat en études politiques.
Piscevic, Alexandre. "Les États-Unis entre globalisation et domination géopolitique : idéologies et stratégies de puissance post-guerre froide : le cas des Balkans (1990-2010)." Paris 10, 2013. http://www.theses.fr/2013PA100115.
Full textThe fall of the Berlin wall marks a dramatic historical change and the beginning of a new era. The end of the cold war and a of confrontational bipolarity makes the realisation of a global geoeconomic and geopolitical vision possible. Having achieved the status of a global and lone superpower, without any partner of comparable power, the United States impose themselves as the natural leader of the international community. Their hegemonic power, in economic, political, military and cultural terms, allows for the emergence of a new world order. This period is also marked by a constant humanitarian or security interventionism in regions of transit or production of natural energy resources which are vital for the sustainment and development of a highly technological society. This is the case, among others, in the Balkans, in the Middle East and in Central Asia. The strategic factor is thus integrated to the expression of the national interest and American foreign policy. This study examines the rise of post-cold war United States hegemonism. As a case in point, this hegemonism is analysed through political and military interventionism in the Balkans mainly during the 1990-2010 period, characterized by the disappearance of an important geopolitical entity in Europe, namely Yugoslavia, and the establishment, as some sort of a new iron curtain, of a lasting United States military presence from the Baltic to the Balkans and in all around Eurasia
Cheriau, Raphaël. ""L'Intervention d'Humanité" or the Humanitarian Right of Intervention in International Relations : Zanzibar, France and Britain in between Colonial Expansion and Struggle against the Slave Trade from the mid-19th Century to the early 1900s." Electronic Thesis or Diss., Paris 4, 2017. http://www.theses.fr/2017PA040060.
Full textIn the second half of the nineteenth century the Zanzibar Sultanate became the focal point of French as well as British imperial and humanitarian policies. In fact, the island was not only the most important slave trade emporium of the Indian Ocean but it was also the great gateway to East Africa for slave traders, humanitarians, or imperialists alike. This thesis looks at the controversies which took place in Zanzibar waters between France and Britain over the right of searching vessels suspected of being engaged in the slave trade as well as the right of dhows to fly the French flag and escape the Royal Navy’s scrutiny. This research highlights how important these questions were, not only for the relations of France, Britain, and the Zanzibar Sultanate, but also for international law and international relations up until the eve of the First World War. This work demonstrates that the anti-slave trade operations which took place in Zanzibar inspired many navy officers, consuls, diplomats, Foreign Secretaries, and lawyers – whether British, French, or American – on the theory and the practice of “humanitarian interventions”. Indeed, the history of anti-slave trade operations implemented in the Zanzibar Sultanate sheds a new light on the history of the concept of humanitarian intervention, or “intervention in the score of humanity” – (“l’intervention d’humanité”) – as it was then called. This research underlines how these humanitarian interventions unceasingly swung between genuine humanitarian ideals and pressing imperial issues
Mazzanti, Maria Rita. "From State sovereignty to responsibility to protect." Paris, Institut d'études politiques, 2013. https://spire.sciencespo.fr/notice/2441/45eb019724sn6sg9mcu4j489l.
Full textThe research was aimed at understanding by means of which developments in the political and legal thinking the R2P finally reached its present shape. To this end, we analyzed on one side the evolution of the concept of absolute sovereignty and the shift towards an increased involvement of the international community in the internal affairs of the individual states, and, on the other side, the modifications incurred in the concept of intervention for humanitarian purposes and the lessons learned out of the experiences of the 1990s. We have argued that what R2P is, or is not, should be understood in the light of this long development. Having then established what now R2P is about we wanted to measure to which extent R2P was able, in the ten years of its existence, to influence the behavior of the international community, and in particular of the United Nations Security Council. Hence, we selected four cases – Libya, Côte d’Ivoire Sri Lanka and Syria – where R2P was invoked or should have been invoked, with the aim of finding regularities useful for guiding future action. Our research hypothesis was that R2P is influenced by five main independent variables, namely: the dynamic within the Security Council (active involvement of some specific countries/country representatives); reasonable perspective of success/attractive cost-benefit profile; the role of the relevant regional/sub-regional organizations; the activity of the Human Rights Council; and the action of civil society
Zarigan, Alhussen. "Le cadre juridique de l’intervention militaire pour la protection internationale des civils face aux violations graves des droits de l’homme par leur état : (approche critique)." Thesis, Paris 10, 2018. http://www.theses.fr/2018PA100046.
Full textSerious violations of the Human Rights of the civilians are not consistent as internal affairs of countries. Yet, regarding any unlawful policy behavior, the international community can intervene. This is often called “ the right interference “. The latter has recently been developed into the International Commission on Intervention and State Sovereignty (ICISS) concept (2001) as“responsibility to protect”. Considering military interventions as a humanitarian action without any conspiracy and colonial interests theory, we may confirm the needs for an effective means for protecting the civilians against serious violations of human rights. On the other hand, we can confirm that not all military interventions aimed at protecting civilians by the United Nations are legal or legitimate. Consequently, for legal and legitimate intervention, it respects binding foundations and norms
لم تعد مسألة الانتهاكات الجسيمة لحقوق الإنسان للمدنيين، التي ترتكبها دولهم من المسائل الداخلية للدول. إذ أنه يمكن للمجتمع الدولي التدخل عسكرياً إذا كانت هناك انتهاكات جسيمة لحقوق الإنسان، وهذا ما يسمى "حق التدخل". وقد تطور هذا الأخير إلى مفهوم جديد تم تقديمه في تقرير اللجنة الدولية المعنية بالتدخل وسيادة الدول، تحت مسمى "مسؤولية الحماية. (2001) والواقع أنه إذا نظرنا إلى التدخل العسكري من الجانب الإنساني البحت ، بعيداً عن نظرية المؤامرة والمصالح الاستعمارية، فإننا نؤكد ضرورة القيام به كوسيلة فعالة لحماية المدنيين من الانتهاكات الجسيمة لحقوق الإنسان. ومن ناحية أخرى، نؤكد أن جميع التدخلات العسكرية التي تهدف إلى حماية المدنيين من قبل الأمم المتحدة ليست شرعية ومشروعة. من أجل ذلك، ولكي يكون التدخل شرعياً ومشروعاً، يجب أن يحترم القائمون به الأسس والمعايير اللازمة للقيام بالتدخل
Cheriau, Raphaël. ""L'Intervention d'Humanité" or the Humanitarian Right of Intervention in International Relations : Zanzibar, France and Britain in between Colonial Expansion and Struggle against the Slave Trade from the mid-19th Century to the early 1900s." Thesis, Paris 4, 2017. http://www.theses.fr/2017PA040060.
Full textIn the second half of the nineteenth century the Zanzibar Sultanate became the focal point of French as well as British imperial and humanitarian policies. In fact, the island was not only the most important slave trade emporium of the Indian Ocean but it was also the great gateway to East Africa for slave traders, humanitarians, or imperialists alike. This thesis looks at the controversies which took place in Zanzibar waters between France and Britain over the right of searching vessels suspected of being engaged in the slave trade as well as the right of dhows to fly the French flag and escape the Royal Navy’s scrutiny. This research highlights how important these questions were, not only for the relations of France, Britain, and the Zanzibar Sultanate, but also for international law and international relations up until the eve of the First World War. This work demonstrates that the anti-slave trade operations which took place in Zanzibar inspired many navy officers, consuls, diplomats, Foreign Secretaries, and lawyers – whether British, French, or American – on the theory and the practice of “humanitarian interventions”. Indeed, the history of anti-slave trade operations implemented in the Zanzibar Sultanate sheds a new light on the history of the concept of humanitarian intervention, or “intervention in the score of humanity” – (“l’intervention d’humanité”) – as it was then called. This research underlines how these humanitarian interventions unceasingly swung between genuine humanitarian ideals and pressing imperial issues
Martineau, Jean-Luc. "L'Union européenne et la reconstruction post-conflit de l'Etat : contribution à la formation d'un droit international de la reconstruction de l'Etat." Thesis, Lille 2, 2014. http://www.theses.fr/2014LIL20027.
Full textIn the framework of International Relations, Post Conflict Reconstruction of the State is a major and actual stake. European Union under the auspices of United Nations, supports all initiatives to restore or build a state order which give a chance for a stable peace based on human values. Nevertheless, European Union defines his interventions in function of his own interests. Post-conflicts States don’t have a right to reconstruction. A mix of european institutional actors decide and design the european response dedicated to failed Post-conflict States. This response is not isolated, she is included in a network of parternship.After a conflict, the regional organization set up a mix of legal or operational mechanisms, and military or civilian capacities. The european activism in this domain can be very strong. Sometimes, it seems as a trusteeship of EU on Post conflicts States. Consequently, European Union contributes to design and implement the international law of the State reconstruction. EU promotes norms and international standards. It initiates european norms and standards dedicated to the recovery of states. Consequently, European Union possess global capacities in the matter of post-conflict reconstruction. That is to say that Europe is proposing to rebuild the state in its three traditional components: population, territory and state apparatus
Fahandej-Saadi, Ardavan. "L’interaction entre la souveraineté des Etats et les droits de la personne humaine : vers la responsabilité de protéger." Thesis, Paris 10, 2012. http://www.theses.fr/2012PA100199.
Full textThrough crystallization of the right and responsibility to intervene to protect the international community tries to bridge the gap between morality and legality of the interference for the protection of human rights. As interference in human protection purposes, since the end of the Cold War, found a legal basis for customary and does not correspond to an exceptional act may be justified in certain circumstances. With this approach, in case of failure of the Security Council in the implementation of military interference, regional organizations could without authorization "prior" and "precise" Security Council, commit armed interference. The study of the legal status of the UN and practices since the end of the Cold War, shows that if the right of intervention and the responsibility to protect has not yet found a foundation "live" in international conventions, however, they can find a legal basis in customary international law. Indeed, analysis of the value of UN resolutions and customary law elements of interference and the responsibility to protect demonstrate how resolutions 43/131 and 45/100 of the General Assembly inaugurated the process the right of intervention and the responsibility to protect. And since the 1990s, the practice of the Security Council, illustrated by a large number of resolutions that led to the implementation of operations just as many, and the practice of States and regional organizations to provide a legal body interference for human protection and leave no doubt about the legal nature of the latter