Across the years, all the way from back in the beginnings of the United Nations, determining when humanitarian action is justified has always been a hot topic and who should get the priority of care. It's still a dilemma between countries' rights to supremacy and people's rights to protection and help, but also between equity and equality. This is reflected in the guiding principles of humanitarian action such as humanity, neutrality, impartiality and independence. Let's take a look at how those shape the questions regarding humanitarian intervention.
Humanity:
This is the principle the most related to human beings themselves. This one seeks to represent the very core purpose of humanitarian action: making sure that everyone's life, health and decency is protected. For some, this is the concept that should be adhered the most rigidly in missions and in decisions surrounding them. Therefore, it is sometimes used as a reason to act in countries without explicit consent or against the government's will. The International Commission on Intervention and State Sovereignty has been created in 2000 to ensure that whenever that is the case, it is truly justified and does not overstep on government's right.
Neutrality
Neutrality is the core principle of humanitarianism, but also the most controversial one. It is definitely the one sparking the most debate. There are two opposing sides on the issue, both well-intentioned. Whilst some argue that staying neutral sometimes means condoning actions that goes against the Universal Declaration of Human Rights. Others stand by the idea that if humanitarian workers were to speak up about such events, they probably would loose their diplomatic immunity and right to help in conflict zones, which wouldn't help the victims.
Impartiality
This principles reminds humanitarians that they shall prioritize based on needs, not any discriminatory factor such as political, racial, religious, ideological or gender-based ones and must simply help wherever, however they can. Hence, humanitarian workers must show equitable help to all. Prioritizing on needs also include accounting for the level of suffering and urgency in the crisis faced by victims. It is sometimes hard to follow as all humans have unconscious biases.
Independence
Perhaps the principle that ensures the best ethic and standard of care for all patients. Independence is one of the determining factors in the rightfulness of humanitarian mission: as humanitarian actors are required to be independent from governments, military or economic deciders and such, they cannot be pressured into prioritizing one cause over another. This principle is often tied with lots of hard work for non-governmental humanitarian organizations that must find funding without getting tied-up. It also means that such organizations must create and enforce their own policies, independently from governing bodies. Most adhere to the humanitarian principles.
Although there are laws are organizations in place to help decide when humanitarian intervention, or even military intervention, are legitimate or not, like the Security Council and the UN charter, it stays a debatable topic. NATO's intervention in Kosovo in 1999 was notably unauthorized but considered legitimate. It is hard to form a definitive answer to these debates has it might feel like playing God: deciding when something is bad enough to justify "illegal" actions or when to willingly let down some people in order to save others. As it plays in our core values and philosophical reflections, like the greater good and collective responsibility, this is bound to be an issue on the table for years and even more.
For now, let's leave it in the Security Council's hands and just do our part on a daily basis to prevent the need for such debates.
Sources:
Jayakumar, Kirthi. “Humanitarian Intervention: A Legal Analysis.” E-International Relations, 9 Feb. 2012, https://www.e-ir.info/2012/02/06/humanitarian-intervention-a-legal-analysis/. Summary: This is a reflection on the key principles to humanitarian intervention and the legal framework in which it operates. It explores the past of humanitarian interventions and how they were viewed by experts and by the public. There's research regarding when and how such actions can be justified. An interesting aspect is how the author thinks about the limits of laws in situations like humanitarian context.
OCHA. “What Are Humanitarian Principles .” United Nations Office for Coordination of Humanitarian Affairs, 2021, https://www.unocha.org/sites/dms/Documents/OOM-humanitarianprinciples_eng_June12.pdf. Summary: This is the ultimate guidebook to humanitarian principles as it's an overview of each and how they are reflected in day-to-day humanitarian actions. It serves also as a presentation of the background behind those principles and the creation of OCHA and why those were and are still needed.
Bajoria, Jayshree, and Robert McMahon. “The Dilemma of Humanitarian Intervention.” Backgrounder, Council on Foreign Relations, 2013, https://www.cfr.org/backgrounder/dilemma-humanitarian-intervention. Summary: It's a social stand for international responsibility and right to life. This also constitutes a reflection on responsibility versus sovereignty and the right moment to decide whether or not to take actions. Exploring momentum builds up on the need for a deciding body that can oversee multiple crisis at once and gather up communal knowledge.
Buzogany, Raquel Froese, et al. “Prioritization Models in Humanitarian Operations.” Systematic Review of the Literature, Vanzolini Foundation. and CAPES, 2016, https://www.pomsmeetings.org/ConfProceedings/065/Full%20Papers/Final%20Full%20Papers/065-1737.pdf. Summary: This is a comprehensive review of multiple ways employed by humanitarian workers and organizations to prioritize needs and crisis when facing hard decisions. It touches upon multi-criteria, heuristics and empirical prioritization models and how to use those. Placing these models on a defined timeframe to see the evolution of the models thought the years is particularly useful.
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