İnsani Müdahale Söylem ve Pratiğinin Kosova Bağımsızlık Sürecine Etkisi
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2022Author
Dövücü, Berat
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The humanitarian intervention carried out by NATO in 1999 without UNSC authorization
is in a different position from all its predecessors. The aforementioned intervention was
carried out only with the aim of restoring human rights, without any legal basis. However,
the fact that the intervention is unlawful but legitimate requires addressing concepts such
as humanitarian intervention, law and legitimacy as discourse. At this point, if the law is
considered as a discourse beyond the norms that constitute it, it becomes clear that law
and legal discourse are related to the non-discursive field. Law is closely related to the
economic, political and ideological field, not just as a set of rules, but as a form of
relationship. In the post-World War II period, the pioneering and original role of the USA
in global capitalism had a great impact on the internationalization of capital and the state,
and on the global economic and political ideological transformations in this process.
Unlike the period before the World War II, in the current form of imperialism in the post1945 period a state may contain more than one capital group and a capital group or
individual capitalist can operate in more than one country. Since the 1980s, as a result of
neo-liberal policies, the internationalization process has accelerated, and in 1990s the US
hegemony remained the only project in the global conjuncture with the disintegration of
the USSR. The new international legal norms of the post-1990 period gain meaning when
considered from a political economy perspective. As a matter of fact, the transformation
of international law is not an isolated internal transformation. At this point, since the
1990s, the legal principles of the Cold War period have been replaced by a new legal
logic that emerged in concepts such as humanitarian intervention, responsibility to
protect, universal human rights, and rogue state. The economic, political and legal
practices of the central capitalist countries during the Yugoslavia wars and the discourses
that made them possible place the interests protected within the scope of human rights
and humanitarian intervention above the general opinion about humanitarianism. NATO's
direct intervention in Kosovo and Kosovo's independence are the products of the new
interventionist perspective developed within international law.