International law Essay Example | Topics and Well Written Essays - 3000 words

International law - Essay Example The most disputed and highly controversial examples are the Kosovo crisis, Afghanistan invasion, and the Iraq invasion. The Kosovo and Afghan Crisis The first incident that gave the idea of certain nations’ deviating from the international norms came during the Kosovo crisis. On the insistence of America, NATO undertook a bombing campaign against the Federal Republic of Yugoslavia (FRY). The action was undertaken for the claimed purpose of implementing the UN Security Council resolution but without the Security Council’s authorisation. It was claimed to be an attempt to stop human rights violations in Yugoslavia/Serbia. The unrest in Yugoslavia was the result of the Kosovars’ effort to gain independence. However, Serbia has strong emotional attachment with Kosovo as the place of the 14th century defeat by Turks. As a result, there arose reports of mass human rights violations in Kosovo as FRY president forced ethnic Albanians to leave Kosovo. Soon, there was a ne gotiation between FRY and Kosovo Liberation Army. However, the negotiation failed to reach a solution. As a result, the US forced the NATO to start air strike on FRY. Thus, the ‘Operation Allied Force’ by NATO started attack on FRY on 24 March, 1999. Up to this point everything seemed normal. However, the attack was begun without taking the matter to the United Nations Security Council as stipulated under Chapter VII of the UN Chapter (Charter of the United Nations). The strike continued for two and a half months. In the attack, as Charlesworth (2002) reports, 500 civilians were killed, including both Serbians and Kosovars; in addition, there were 6000 casualties. Later on, the attack ended with the agreement reached between FRY, Serbia, and NATO. Thus, the UN Interim Administrative Mission took charge of Kosovo (ibid). However, this aroused significant levels of controversy in the international sphere as there was blatant violation of the norms of the UN Security Counc il stipulation that any regional action only be undertaken with the permission and authorisation of the Security Council. However, this was not the only issue that arose along with the attack. Another question that came up was if it is justifiable to violate UN charter in pursuit of human rights. Also, if the violation is justified, the question arises as to what is the limit of force that can be used. Another considerable doubt casted on the sincerity of US and NATO was that if the intention of NATO was to reinstate human rights in Kosovo instantly, air strike from a height of 20,000 feet was the worst method to adopt as it naturally leads to less accuracy and more civilian deaths. In addition, the campaign could not replace President Milosevic, nor could it control the mass departure of Kosovars. Whatever the reasons of the attack may be, it helped unravel the weaknesses of international law and the institutions that are meant to impose them. One can see innumerous number of works on the Kosovo issue, and the opinions of scholars vary greatly. According to one class of thought, as cited by Charlesworth (2002), the incident calls for a principle of humanitarian intervention. This was the opinion expressed by US President Bill Clinton