The prospect of international intervention legitimacy: case study of 2011 libyan armed conflict

1.7. Research Methodology

Choosing an appropriate research methodology is an essential part of any research study. In order to achieve the aim and objectives of this research and answers to the research questions, this research has pursued doctrinal method.

The method used in doing this present research is Doctrinal research methodology which is concerned with the formulation of legal `doctrines through the analysis of legal rules. A researcher has mainly been to study works by academic scholars, works written in different times and in various countries, and therefore represents a variety of views and perspectives, in order to get a general view of the topic. A large part of the preparatory work consisted of finding and choosing the «right» articles and books in order to get a full and comprehensive view of the question. The research is therefore concerned with the discovery and development of legal doctrines for publication in textbooks or journal articles and its research questions take the form of asking `what is the law'. The literature chosen covers the subject in a satisfactory way. The vast majority of the material used was written directly or indirectly as contributions to the since a long time ongoing international discourse on the subject.

1.8. Scope of Study

This study is delimitated at three levels as within a fixed period of time, domain, and space. In domain this topic is limited in Public International Law especially in human right and international humanitarian law. In space it deals with the Libyan international intervention. Finally in time, it analyzes the prospect of International intervention legitimacy, the case of Libyan conflict 2011.

1.9. Definition of Some Key Concepts

During this point, some key concepts are defined. A researcher defines the concept of International intervention, State sovereignty, war or conflict.

1.9.1. Humanitarian Intervention

According to the Jennifer M. Welsh, Humanitarian intervention is defined as the use of force by one country or sovereign state in the internal or external affairs of another. In most cases, intervention is considered to be an unlawful act but some interventions may be considered lawful."^28(*) This definition may be too narrow as it precludes non-military forms of intervention such as humanitarian aid and international sanctions. On this broader understanding, "Humanitarian intervention should be understood to encompass non-forcible methods, namely intervention undertaken without military force to alleviate mass human suffering within sovereign borders».

1.9.2. Sovereignty

The term State sovereignty in international law is define as nonphysical juridical entity of the international legal system that is represented by one centralized government that has supreme independent authority over a geographic area. International law defines sovereign states as having a permanent population, defined territory, one government, and the capacity to enter into relations with other sovereign states.^29(*) This definition implies that a State is neither dependent on nor subject to any other power nor state.

1.9.3. War or Armed Conflict

The term war or armed conflict is define as contested incompatibility which concerns government and/or territory where the use of armed force between two parties, of which at least one is the government of a state.^30(*)

* ²⁸ Jennifer M. Welsh, Humanitarian Intervention and International Relations. Ed. Jennifer M. Welsh. New York: Oxford University Press, 2004, p.67.

* ²⁹ Malcolm Nathan, International law, Cambridge University Press 2003, p. 178.

* ³⁰ Wallensteen, Peter & Margareta Sollenberg, 2001. 'Armed Conflict 1989-2000', Journal of Peace Research 38(5): 629, 200, p. 42.