HC Deb 05 May 1999 vol 330 c415W
Mr. Mackinlay

To ask the Secretary of State for Foreign and Commonwealth Affairs, pursuant to his answer of 29 April 1999,Official Report, column 266, if he will identify the articles of the UN Charter where provision is made for those circumstances relating to justifiable use of force, in support of purposes laid down by the Security Council, but which are not subject to specific ratification by the Security Council. [83306]

Mr. Tony Lloyd

[holding answer 4 May 1999]There is no general doctrine of humanitarian necessity in international law. Cases have nevertheless arisen (as in Kosovo) when, in the light of all the circumstances, a limited use of force is justifiable under international law in support of purposes laid down by the Security Council but without the council's express authorisation when that is the only means to avert an immediate and overwhelming humanitarian catastrophe. Such cases would in the nature of things be exceptional and would depend on an objective assessment of the factual circumstances at the time and on the terms of relevant decisions of the Security Council bearing on the situation in question.

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