Military and political intervention and 'exporting democracy' : legal implications and issues of legitimacy

Abstract

This work aims to examine military and political interventions by states as means of 'exporting democracy', by going into the legality of such acts, as well as the relevant legal bases. The main focus is on military intervention, while non-military means are also covered. The main emphasis is on the United Nations Charter and its stance on the prohibition of the use of force in international law, as well as the exceptions to this rule, while other channels through which such use of force has been made are also covered. Various case studies of interventions are offered, with their merits discussed with reference to international legal theory, case law, as well as the opinions of experts. Problems with the current international framework are presented, and possible solutions discussed. Non-military means covered are sanctions, political pressure on governments, and non-military aid given to opposition forces. The issue of peacekeeping is also treated, though this might involve military force, it can be described as distinct from other military operations. As to military means, these are first covered within the framework of the UN Charter, as well as that of other arrangements such as the North Atlantic Treaty, then more specific focus is given to intervention in civil and mixed conflicts and humanitarian intervention. The work concludes by envisaging the ideal future of intervention as that carried out with the Responsibility to Protect, analysing various reports and resolutions in this regard. The main problems within the current framework are once again addressed, and a number of principles enlisted as guidelines concerning the future of political intervention, this scenario being also more specifically illustrated through a case study.