Limits of Law, Prerogatives of Power Interventionism after Kosovo
NATO's bombing of Yugoslavia was justified. NATO violated the United Nations Charter - but nations have used armed force so often that the ban on non-defensive use of force has been cast into doubt. Dangerous cracks in the international legal order have s
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Limits of Law, Prerogatives of Power
Interventionism after Kosovo
Michael
J.
Glennon
*
UMITS Of lAW, PREROGATIVES Of POWER
Copyright© Michaelj. Glennon 2001. Softcover reprint of the hardcover 1st edition 2001 978-0-312-23901-5 All rights reserved. No part of this book may be used or reproduced in any manner whatsoever without written permission except in the case of brief quotations embodied in critical articles or reviews. First published 2001 by PALGRAVETM 175 Fifth Avenue, New York, N.Y. 10010 and Houndmills, Basingstoke, Hampshire, England RG21 6XS. Companies and representatives throughout the world. PALGRAVETM is the new global publishing imprint of St. Martin's Press llC Scholarly and Reference Division and Palgrave Publishers ltd (formerly Macmillan Press ltd). ISBN 978-1-349-38677-2 DOI 10.1057/9781403982537
ISBN 978-1-4039-8253-7 (eBook)
library of Congress Cataloging-in-Publication Data Glennon, Michaelj., 1947limits of law, prerogatives of power: interventionism after Kosovo/ Michael j. Glennon. p.cm. Includes bibliographical references and index. 1.1ntervention {International law) 2. Kosovo (Serbia)-History-Civil War, 1998- I. Title. KZ6368 .G59 2001 341.5'84-dc21 2001021862 A catalogue record for this book is available from the British library. Design by Newgen Imaging Systems (P) ltd First edition: August 2001 10 9 8 7 6 5 4 3 2 1
To Joa nna
You cannot have power for good without having power for evil too. Even mother's milk nourishes murderers as well as heroes. -George Bernard Shaw
Major Barbara, act 3.
CONTENTS
AcknouAedgments
IX
Introduction 1. Kosovo and the United Nations Charter
13
2. The Effect of State Practice on the Charter
37
3. State Practice: The Charter and Interstate Violence
67
4. Security Council Practice: "The Charter and Intrastate Violence
101
5. The Collapse of Consent: Is a Legalist Use--of-Force Regime Possible?
145
6. The International Parallel Universe: Is a Legalist Use-of-Force Regime Desirable?
177
7. Conclusion
207
Notes
211
Index
241
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ACKNOWLEDGMENTS
Portions of this book are drawn from previous wntmgs, most notably "The New Interventionism: The Search for a Just International Law," 78 Foreign Affairs 2 (May/June, 1999); "The Charter: Does It Fit?" 36 The United Nations Chronicle 32 (No.2, July 1999); "Sovereignty and Community After Haiti: Rethinking Collective Use of Force," 89 American Journal of International Law 70 (January 1995); and "The Constitution and Chapter VII of the UN Charter," 85 American Journal of International Law 74 (1991). I have also drawn from several presentations, including "Law and the Practice of Humanitarian Intervention," given at the United States Department of State, Washington, D.C., June 5, 2000; "A Nco-Interventionism in a New International Order?" given at the Western European Union, Institute for Security Studies, Paris, June 29, 1999; "The New Interventionism: What's Next?" given to Lawyers Alliance for World Security, Wa
