11. This principle was first set out in General Assembly Resolution 43/131 (December 8, 1988) which was reaffirmed by General Assembly Resolution 45/100 (December 14, 1990) and subsequently confirmed by numerous Security Council Resolutions. See Guicherd, "International Law and the War in Kosovo," p.22.
12. Alan Dowty and Gil Loescher, "Changing Norms in International Responses to Domestic Order" in Vayrynen, Globalization and Global Governance, pp.206-7.
13. See the excellent article by Catherine Guicherd, "International Law and the War in Kosovo" Survival 41:2 (Summer 1999), pp.21-2. More generally see also Damrosch, Enforcing Restraint; Roberts, Humanitarian Action in War; Stanley Hoffman, "The Politics and Ethics of Military Intervention," Survival, vol.37, (Winter 1995-96), pp.29-51.
14. The UN Charter could also lay claim to this honor in that Article 1.3 states that one of the basic purposes of the UN is to promote and encourage "respect for human rights and fundamental freedoms for all."
15. For an account of these and other human rights law see Amstutz, International Ethics, particularly chapter 4. For a listing of the numerous agreements see Preventing Deadly Conflict, Final Report of the Carnegie Commission on Preventing Deadly Conflict, Carnegie Corporation of New York, (1997), p.132.
16. See Council on Foreign Relations, Toward an International Criminal Court? New York (1999).
17. On this, see in particular the 1986 ruling of the International Court of Justice regarding Nicaragua versus the United States of America discussed in Henkin, "The Use of Force: Law and U.S. Policy" pp.47-50.
18. The closest any one of then comes to this is the Genocide Convention wherein contracting states "may call upon the competent organs of the United Nations to take action under the Charter of the United Nations as they consider appropriate for the prevention and suppression of acts of genocide" (Article VIII). Quoted in Roberts, Humanitarian Action in War, p.25. Emphasis added.
19. Some still maintain it is too early to reach such a conclusion. See Natalino Ronzetti, "Lessons of International Law from NATO's Armed Intervention Against the Federal Republic of Yugoslavia" The International Spectator, Vol. XXXIV, (July-September 1999), p.52.
20. Certainly the values underlying the recent impulse to engage in humanitarian intervention does appear to be mainly a western phenomenon. See Adam Roberts Humanitarian Action in War Adelphi Paper NO. 305, International Institute for Strategic Studies: London (1996), p.17.
21. For an excellent discussion of the legal argument surrounding NATO's military operation against Serbia see Catherine Guicherd, "International Law and the War in Kosovo," Survival, vol.41, (Summer 1999), pp.19-34. See also Ivo H. Daalder, "Emerging Answers: Kosovo, NATO and the Use of Force" Brookings Review (Summer 1999), pp.24-5.
22. See Ramesh Thakur, "UN Must Balance Its Idealism With Global Reality", International Herald Tribune, (June 25, 1999), p.8. See also Marcus Raskin, An Undeclared War in Nowhere-Land," International Herald Tribune, (May 6, 1999), p.9.
23. Jeffrey Laurenti, Background paper to NATO, the U.N. and the Use of Force: Legal Aspects Paper presented at two Policy Roundtables organized by the United Nations Association of the United States in New York and Washington D.C. (March 11/12 1999). See also Jonathan D. Tepperman, "Kosovo Dilemma: NATO alone, Without UN Backing?" International Herald Tribune, (March 22, 1999), p.10.
24. Another variant of this argument is the belief that humanitarian intervention would never be considered against a great power in possession of nuclear weapons.
25. For example, see Lynne Duke, "Africans See Bitter Irony in NATO Kosovo Mission," International Herald Tribune (May 10, 1999), p.1, p.3; Ramesh Thakur, "Kosovo's lessons in racism," Japan Times, (May 21, 1999), p.18; David Rieff, "African refugees as needy as Kosovars," Japan Times, (May 31, 1999), p.19; Rick Mercier, "East Timor reveals West's hypocrisy," Japan Times, (April 20, 1999).
