Annual Survey of International & Comparative Law


Sarah Mazzochi


Is there now a right to unilateral humanitarian intervention in a post-Iraq, post-Darfur world? This Article seeks to answer that question.

Part I will address the background and historical evolution of unilateral humanitarian intervention as well as give examples of state action or inaction in cases of genocide. Part I will also give the legal framework for the U.N. Genocide Convention. Part II will discuss the law of humanitarian intervention as it is commonly accepted today. Part III will point to the future and argue that the law of humanitarian intervention should be, going forward, a jus cogens norm. Part IV will offer a brief conclusion about humanitarian intervention in situations amounting to genocide, and it will point to what the future will likely be when there is a duty to prevent genocide, regardless of Security Council approval.