‘The Legality of NATO Military Interventions: Balancing Collective Defense and International Law’
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Date
2024
Authors
Journal Title
Journal ISSN
Volume Title
Publisher
The University Of Edinburgh
Abstract
NATO
Military Interventions
Legal Frameworks
Collective Defense
International Law
North Atlantic Treaty
Article 5
Non-Article 5 Operations
Peace Enforcement
Stabilization Missions
1999 Kosovo Intervention
Humanitarian Intervention
Responsibility to Protect (R2P)
United Nations Charter
Legality and Legitimacy
Humanitarian Impact
Global Peace and Security
International Legal Standards
Precedents in NATO Actions
Humanitarian Outcomes and Consequences
Description
This dissertation explores the complex legal frameworks governing NATO military
interventions, focusing on the delicate balance between the principle of collective
defense and adherence to international law. The analysis begins by examining the
legal basis for NATO's military actions under the North Atlantic Treaty, particularly
Article 5, which authorizes collective defense, and non-Article 5 operations, including
peace enforcement and stabilization missions. Through an exploration of these
frameworks and relevant precedents, the dissertation critically assesses the legality
and legitimacy of NATO's actions.
A key case study is the 1999 Kosovo intervention, where NATO's justification for
intervention is analyzed in depth. This includes a review of the background leading to
the intervention, NATO’s rationale, and the legal basis invoked, such as the United
Nations Charter, the humanitarian intervention doctrine, and the Responsibility to
Protect (R2P) principle. The dissertation scrutinizes these justifications to determine
their compliance with international law.
Finally, the dissertation evaluates NATO's adherence to international law through a
detailed analysis of arguments supporting and opposing the legality of the Kosovo
intervention. It also assesses the humanitarian impact of the intervention,
considering both the intended outcomes and unintended consequences. The
findings contribute to the ongoing debate about the legitimacy of NATO interventions
and their alignment with international legal standards, offering insights into the
broader implications for global peace and security.

Keywords
International law, Humanitarian law, Military law