恰如其分的伊拉克干预行动

堪培拉——我们应当无条件地支持美国总统奥巴马动用军事力量保护受迫害的雅兹迪少数民族免遭在伊拉克北部烧伤抢掠的“伊斯兰国”(IS)武装份子种族灭绝的决策。美国此次行动完全符合联合国大会2005年一致通过的保护平民免遭大规模暴行的国际责任原则(R2P)。美国军事干预行动所要达成的近期目标完全符合保护责任的合法性、合理性及有效性原则。

与原有的伊拉克军事干预行动不同——该行动根本不符合任何一项条件——目前的美国军事行动虽然没有得到安理会授权,但是应伊拉克政府要求,因此从这个角度讲与国际法没有冲突。而且此次行动显然满足使用武力的道德或审慎准则,虽然上述准则尚未被联合国或其他组织所正式采纳,但过去10年来一直受到国际舆论的争议及认可。

判定合法与否的标准是现实或者担心发生的暴行是否严重到足以采取军事行动;军事行动必须主要出于人道主义动机;非如此可能不足以有效制止或避免暴行的危害;且拟采取的军事行动与威胁成正比;并且干预行动的好处大于它所带来的坏处。

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