The Broker

Goldhagen's challenge to the legalistic view of intervention

Eliav Lieblich | October 07, 2011

I must admit that there is something inherently compelling in Goldhagen's argument, according to which in the face of mass atrocities the international community should abandon its never-ending legalistic deliberation, and proceed to used force to stop the suffering. To stimulate discussion, Goldhagen challenged us with the hypothetical question - "we are in the eve of a new Rwanda; the UN does nothing - what do you do?"
When thinking of it, this type of reasoning is reminiscent of the classic torture-ticking bomb scenario, questioning the prohibition on torture in a hypothetical situation in which we know for sure that it might prevent the detonation of a ticking bomb.
While both questions intuitively carry at least some moral weight, they both run into the same practical difficulty: such hypothetical situations almost never arise in real life. Both ticking bomb and "eve of genocide" scenarios are more fiction than fact, since we cannot identify them in real-time.
Thus, it is questionable whether both scenarios should be used as bases for sweeping legal reforms.

Comments

Your comment will not be automatically posted but first reviewed by the editor. If the editor has questions with respect to the content of your comment, you will be contacted.