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Unformatted text preview: retation of the scope of Security Council discretion similar to that engaged in by the Appeals Chamber in Tadic renders moot the question of whether human rights violations must reach some degree of severity before becoming a legitimate subject for Council action. *** THE RWANDAN GENOCIDE PROVES THAT HUMAN RIGHTS MUST BE VALUED OVER NATIONAL SOVEREIGNTY CHAPTER VII INTERVENTION WAS NECESSARY EVEN IF IT DID NOT ACCORD TO THE LEGAL DEFINITION OF A SECURITY THREAT Christopher J. Le Mon and Rachel S. Taylor, Law Clerk, International Court of Justice, 2003-04 and Deputy Editor, Tribunal Project, Institute for War and Peace Reporting, 2004. U.C. Davis Journal of International Law & Policy, p. 221-222. Sadly, though the frenetic pace of killing in Rwanda did not slow, the United Nations initially took no action to halt the genocide. Finally, after several weeks had passed, France wrote to the Secretary-General asking for permission to "intervene in order to put an end to this humanitarian catastrophe," and suggested that a resolution be passed under Chapter VII authorizing such action. n120 The next day, the Council adopted Resolution 929, laying the groundwork for French intervention in accordance with Chapter VII of the Charter. n121 Again, Council deliberations focused on human rights violations and not on the trans-border effects of the crisis. The Russian delegate, for example, said, "this action has the purely humanitarian goal of contributing to the security and protection of the civilian population." n122 The French representative agreed, explaining, "the goal of the French initiative is exclusively humanitarian: the initiative is motivated by the plight of the people, in the face of which, we believe, the international community cannot and must not remain passive." n123 The United States implicitly acknowledged that this Council-authorized intervention in Rwanda did not meet the classic requirements for Chapter VII interventions, but asserted that the Council needed t...
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- Fall '13