European Journal of Social Sciences Studies ISSN: 2501-8590 ISSN-L: 2501-8590 Available on-line at: www.oapub.org/soc Volume 2 │ Issue 8 │ 2017 doi: 10.5281/zenodo.1054554 A CRITICAL ANALYSIS OF THE SUCCESSES, FAILURES AND CHALLENGES OF HUMANITARIAN INTERVENTION AS A CONFLICT MANAGEMENT TOOL Joyce Karungari Muchemii Institute of Security Studies, Justice and Ethics Mount Kenya University, Kenya Abstract: The need for humanitarian intervention though critical continues to be elusive in many conflict situations despite there being clear international, regional and local guiding policies and legal frameworks on humanitarian intervention. The study therefore sought to critically analyses the successes, failures and challenges of humanitarian intervention as a conflict management tool using the just war theory as the underpinning theory. The study assumed the desktop methodology through extensive review of existing literature on humanitarian intervention as a conflict management tool. The analysis found that humanitarian intervention is justifiable in instances where there are gross human rights violations, however; certain factors must be put into consideration before embarking on the intervention. Successful interventions were found to largely dependent on multiple factors key among them being the involvement of stakeholders in the entire process. The study also revealed that not all interventions are successful and some have resulted in various degrees of failure largely due to challenges of timing, coordination, vested interests among interveners as well as geopolitical factors. The paper concludes by recommending that humanitarian interventions should be based on the existing legal frameworks devoid of any strategic motives. Equally, interventions should involve key stakeholders and adopt context specific measures to cater for the different needs of a conflict situation to avert further human rights abuses. Keywords: humanitarian intervention, conflict management, responsibility to protect, human rights violations Copyright © The Author(s). All Rights Reserved. © 2015 – 2017 Open Access Publishing Group 358 Joyce Karungari Muchemi A CRITICAL ANALYSIS OF THE SUCCESSES, FAILURES AND CHALLENGES OF . HUMANITARIAN INTERVENTION AS A CONFLICT MANAGEMENT TOOL 1. Introduction The concerns surrounding humanitarian intervention continues to elite debate in the face of the changing conflict dynamics of the 21st century. Widespread violations of human rights have been witnessed across the globe prompting the need for the involvement of the international community even though it has often been accused of doing very little too late to salvage dire situations. There have been varied opinions on what exactly entails humanitarian intervention and what should be the yardstick of a successful humanitarian intervention. Murphy 1996 defines humanitarian intervention as the threat or use of force by a state, group of states or international organizations primarily for the purpose of protecting the nationals of the target state from widespread deprivations of internationally recognized human rights pp.11-12). Further, Nardin (2006) defines humanitarian intervention as the use of military force by one or more states within the jurisdiction of another, without its permission to protect innocent civilians from violence by the target state’s government (p. 14). From the above definitions, emphasis on the need for the international community to act swiftly to arrest further suffering and loss of lives in the affected population is underscored. Similarly, Lee (2010) proposes that an intervention is considered humanitarian when it’s guided by the central goal of saving lives – in this case, the interveners come in to protect vulnerable citizens who are targeted by a group within the state or sometimes by state agents themselves. While the two definitions clearly point out military enforcement as key in a humanitarian intervention, this paper puts forward the proposal that humanitarian intervention goes beyond the use of military force and could involve softer methods such as diplomacy and mediation. In light of the above propositions, humanitarian intervention as a rescue tool can contribute significantly in managing conflicts arising from diverse social issues. Being a liberating activity, it plays both a preventative as well as a reconstructive role with the aim of assisting those whose rights are threatened or violated (Lee, 2010) by offering the much needed assistance at a time when the concerned government is either unable, unwilling or is the violator of its people’s rights. In the global arena, the thinking behind humanitarian intervention was influenced by the aftermath of the German holocaust and World War II (WW2) thus prompting the formation of the United Nations (UN). The UN underscores its primary duty as that of promoting international peace and security but recognizes the importance of state sovereignty and the principle of non-interference with the internal affairs of states. However, human rights violations such as the Cambodian genocide; European Journal of Social Sciences Studies - Volume 2 │ Issue 8 │ 2017 359 Joyce Karungari Muchemi A CRITICAL ANALYSIS OF THE SUCCESSES, FAILURES AND CHALLENGES OF . HUMANITARIAN INTERVENTION AS A CONFLICT MANAGEMENT TOOL Srebrenica massacre in Bosnia; Rwandan genocide; East Timor violations; the Darfur crisis in Sudan and Somalia civil war are among key human rights violations that escalated the debate between the proponents and opponents of humanitarian intervention and respect for state sovereignty in an attempt to find out how best to respond to these grave concerns. Subsequently, the conditions for humanitarian intervention as clearly stipulated under the Responsibility to Protect Principle were endorsed by the United Nations General Assembly in 2005 (United Nations Secretary General report, 2012). Using these guidelines, regional organizations such as North Atlantic Treaty Organization (NATO) have intervened in Kosovo and Afghanistan with significant levels of success. Additionally, African Union (AU) adopted the R2P principles and established an African Standby Force in Darfur in Sudan and Somalia. African Union (AU) has also played a role by intervening in the crisis in Burundi and the newly formed state of Southern Sudan (Issues in Peace & Conflict Studies, 2011). For viewing / downloading the full article, please access the following link: https://oapub.org/soc/index.php/EJSSS/article/view/249 European Journal of Social Sciences Studies - Volume 2 │ Issue 8 │ 2017 360