Paralysis of the Security Council and the Mechanism for Protecting Global Peace and Oppressed People in the United Nations Charter and under Islamic International Law:

Exploring the Ways Forward for Humanitarian Intervention

Najumuddin Hamdani

 

Abstract: This article argues that the United Nations General Assembly (UNGA) and the United Nations Security Council (UNSC) have largely failed to secure global peace, and the doctrine of humanitarian intervention in its current form is insufficient to protect the rights of oppressed people. The United Nations (UN) Charter is a multilateral treaty that aims to promote global peace, security, and human dignity. However, the possibility of vetoes has paralysed the function of the UNSC, and the UNGA resolutions are ineffective as they are not binding. When the UN system is unable to secure peace within a region that threatens regional and international peace, humanitarian intervention, in compliance with the UN Charter and other relevant international treaties, becomes the last option. This article analyses the theory of responsibility to protect (R2P), using the Indian intervention in East Pakistan as a case study, and finds that R2P does not deny humanitarian intervention. To uphold international peace, Siyar (Islamic international law) also guides the making of multilateral treaties, such as the Hilf al-Fuduul (the Pact of Virtues). Similar to contemporary international law, Siyar also allows humanitarian intervention. Indeed, Shari’ah considers saving humanity as a form of jihad (qital). However, the motives and aims of jihad are that Muslims and non-Muslims should live in a peaceful and prosperous way, where Muslims can practice their religious duties independently, and their worldly needs and interests (masalh) are accomplished in a tranquil way. In light of the principles of peacekeeping and humanitarian intervention in Siyar and international law, this article proposes ideas for reforming the UN system and future developments in the doctrine of humanitarian intervention.