with the use of heavy artillery and aerial bombardment tactics generates controversial yet predictable results. Civilian deaths and damage to civilian property will “inexorably flow” from the use of such tactics, however in the case of humanitarian intervention, this certainly has a strong case for justification. 320 Walzer’s ‘double effect’ concept offers reconciliation and legitimacy to the intervener if their use of force results in civilian deaths, so long as the intent was legitimate in accordance to the Jus ad Bellum doctrine. 321 The force used should also be proportionate to the threat faced, requiring the minimum military action possible to carry out the objectives set by the UNSC. For example, the civil unrest within East Timor following their independence in 1999 between the local population and Indonesian-backed militia groups led to UN Resolution 1264. The subsequent arrival of 11,000 international troops, under the title International Force for East Timor (INTERFET) dispelled the militia groups from the island after only six weeks and without any major confrontation. 322 The resistance to use aerial campaigns, or sea-borne artillery as experienced from earlier conflicts represents a proportional use of force in order to protect the security of civilians. The final requirement is the ‘Just Conduct’ of the com bat operations. This details the necessity to obey international laws governing the use of force throughout the intervention. 323 As outlined within Chapter 3, the legality of UN interventions throughout the 1990’s, despite various critical assessments, does not represent actions of an imperialistic organisation with ulterior motives. <http://responsibilitytoprotect.org/world%20summit%20outcome%20doc%2 02005(1).pdf> [accessed 28/04/2016] 320 Ola Engdahl, Law at War: The Law as it was and the Law as it Should be, 322 David Horner, ‘Making the Australian Defence Force’, The Australian Centenary History of Defence , Volume IV, (Melbourne: Oxford University Press, 2001), pp. 9. 323 Hehir, pp. 24. (BRILL, 2008), pp. 205. 321 Walzer, pp. 153-156.
133
Made with FlippingBook HTML5