Humanitarianism and humanitarian intervention in Douzinas conception

This study focuses on Costas Douzinas' criticism of interconnected concepts such as humanitarianism, humanism, globalization, universalization, human rights, humanitarian intervention, use of force, cosmopolitanism, and sovereignty. Firstly, historical and factual evaluation of these concepts were tried to be made from a general framework. Secondly, criticisms of these concepts are given within the framework of the main theses of Critical Legal Studies and the views of Costas Douzinas, one of the important names of the British Critical Legal Studies. Douzinas' criticism is mainly on humanitarianism and cosmopolitanism. The result that these criticisms want to reach is to show the ideological background of international law. While Douzinas makes these criticisms through these concepts, he brings criticisms to other legal theories such as legal positivism and formalism. He brings criticism that these theories are insufficient to explain the ideological character of international law. He develops this critique on the concepts of human intervention and cosmopolitanism. For example, he states that those who advocate legal positivism discuss humanitarian intervention through the formal structure of law, but are not concerned with the results. In this regard, he indicates that they neglect the ideological facts behind the interventions. He develops a critical perspective to human rights. Douzinas claims that the concept of human is a blank sign. Because the concept of human does not have a static meaning it cannot be a source of norms. It is noted that the definition of human beings over rights will diminish the meaning of the human. In this respect, his view of human rights is cautious. According to him, by reading the law from a critical point of view, the idea of human rights can become usable against power. He states that it is only possible to protect human rights in this way. Keywords: Costas Douzinas, Humanitarianism, Humanizm, Humanitarian Intervention, Just War, Cosmopolitanism, Human Rights