Trends and Developments in International Law and Politics Relevant for Humanitarian Countermeasures

Trends in international law and politics are traced against the backdrop of the main characteristics of humanitarian countermeasures in order to paint a nuanced, coherent picture of the current status of humanitarian countermeasures. To these main characteristics firstly belongs the forceful nature of countermeasures, which triggers an analysis of the purpose and object of Art. 2.4 UN Charter and the evolution thereof over time. Secondly, humanitarian countermeasures concern the infringement of state sovereignty as the main object of protection of Art. 2.4 UN Charter. The transformation of state sovereignty throughout time is thus another main focus of this analysis. Thirdly, humanitarian countermeasures constitute forceful responses to previous wrongful conduct of other states. Instances of past practice that reveal a similar character are evaluated. Fourthly, humanitarian countermeasures are unilateral measures insofar as they are undertaken without a Security Council due to a paralysis of the Council. Thus, the final section of this chapter explores the willingness of states to overcome a blocked Security Council.