Intervention
Intervention meaning:
1: interposition or interference of one state in the
affairs of another.
2: any interference in the affairs of others, especially
by one state in the affairs of another.
3: Interference by a country in another's affairs.
Intervention,
in terms of international law, is the term used for the forcible or dictatorial
interference of one country or sovereign state in the internal or external
affairs of another.
Oppenheim
defines intervention as a forcible or dictorial interference by a State in the
affairs of another State calculated to impose certain conduct or consequences
on that other State.
Or; intervention means dictatorial inference
by a state in the affairs of another state for the purpose of maintaining or
altering the actual conditions of thing.
Intervention as
defined by international lawyers, intervention is unsolicited interference by
one state in the affairs of another and nonintervention is the avoidance of
such interference. Intervention may be directed against a single state within
it, or it may involve interference with the interactions among a group of
states. It may take the form of military action or economic or political
pressures. These pressures force states to act in a manner prescribed or
foreordained by the intervening state. Alternatively, the intervening state may
use its own agents to carry out the policies that it desires. States yield
because they fear military coercion or nonmilitary punitive actions or because
they cannot stop the intervening state's agents or activities.
Intervention means a country
interferes in the affairs of another country by means of force or by any
other means.
Example:
“India
intervene in the affairs of Pakistan in 1971, when refugees of the Bangladesh
flew into west Bangal and the situation was unreasonable for India, the war
took place and Bangladesh came as a independence country”
In most cases, intervention is considered to be an
unlawful act but some interventions may be considered lawful.
Prohibitions of Intervention
In
principle international law prohibits interventions, this prohibitions is the
corollary of every state rights to sovereignty, territorial integrity and
political independence.
Art 2(4) UN charter: “all members
shall retain in their international relations from the threat or use of force
against the territorial integrity or political independence of any state, or in
any other manner inconsistent with the purposes of the united nations”
Ar2 (7) UN charter: “nothing
contained in the present charter shall authorize the United Nations to intervene
in matters which are essentially within the domestic jurisdiction of any state”
Grounds
of Intervention
As a general principle UN Charter
prohibited the Intervention, but Art 51 of UN Charter provide two
grounds of Interventions:
1. Self Defense. Art 51 provides the protection of self defense against the
armed attack of a country, but this is subject to the review of the Security
Council, and this right is not available to a non member of UN.
Illustration:
X is the
country surrounded with A on the west and B on east frontier of it. After some
border incident there were some soldiers killed of each of the state. The X attack
A and B, and occupied major portion of A and B. X take a plea in the security
council that X were under the clear threat of attack by A and B and he started
military operations in order to protect its interest.
But
X is not justified under the Article of 51 of UN charter of self defense. Because Art 51 permits the rights
of self defense only if an arm attack had not taken place but the contention
was that preparations were being made to launch the attacks.
The
Caroline case (1841) “there were some Canadian rebellion
groups fighting against Britain for independence of Canada. The US used to
support them by supplying arms. The Caroline was the name of the American ship
by which the America supplies the arms to the rebellion. The Britishers seized
this ship which was then in the American port of Scholosser, and took it to Nigeria
falls within the territory of British Canada. America protested it was a clear
illegal intervention. And the matter went to Arbitration and the Arbitrator
also held that it was a clear intervention by British”
2.
Collective Intervention: The Security Council
passed a resolution to intervene in matter of Iraqi intervention in Kuwait by
sadam hussain and made the collective intervention in it.
Chapter VII, Article 51 of
the United Nations Charter recognized some grounds as valid for intervention according to International
Law.
1: Self-defense,
according to International Law is an inherent right by every State from the interference from another State from an armed
attack on it.
It is a valid ground according Chapter VII, Article 51 of the United Nations Charter and every nation can be in self-defense till Security
Council of the United Nations Organization steps in.
Essential
conditions
- Armed attack
- State enjoys self-defense only till Security Council steps in.
- Acts of the country are subjected to Security Council's review
- Right to Self-defense should not affect the responsibility of Security Council in maintaining peace and security
- Right is not available to non-member nations of UNO
Related
Case
- The Caroline Case (1841)
2: Human Rights
are given importance in the modern society. Article 2(4) allows an intervention
by a country on humanitarian grounds. However this allowing of intervention is not an authorization by the UNO.
UNO authorizes to intervene in the affairs of any country where human rights
are violated under Article 51 under the principle of ‘collective intervention’.
Examples:
- Sanctions were imposed on South Africa where Whites treated blacks very ugly and trodden and have arrested their leader Nelson Mandela.
- Fishermen often cross the territorial waters and enter into the waters of a neighboring country. The coast guard of the neighboring country often alert warns and sends the fishermen back to their native country without detention or by force on humanitarian grounds.
3:
Enforcement of treaty rights was
once a valid ground for intervention but was later
withdrawn by UNO.
The United Nations Charter
does not recognize the intervention to enforce the rights of a treaty
4: Intervention to prevent illegal intervention:
According to International
Law, an Intervention to prevent illegal
intervention is a valid ground for intervention. It is an act of Self-defense.
Example:
USA, Britain, France, Russia etc.
under the ages of the UNO
prevented Iraq's illegal intervention on Kuwait.
5: Balance of
power:
Universal
Succession was earlier allowed but later removed as being a valid ground for intervention. Collective
security and collective intervention takes the place of balance of power.
6: For protection of persons and their property:
This item was earlier
allowed but later removed as being a valid ground
for intervention.
In 1983, America invaded Grenada to save 1000 Americans living in Grenada and
to establish law and order there. The UNO
criticized USA for this intervention.
7: Collective intervention:
Collective intervention is a good and a valid ground for intervention according to the Article 51 of the Charter of United
Nations.
Example:
- Collective invasion of Iraq in 1990
- Collective invasion of Korea in 1950
- Collective invasion of Congo in 1961
8: Intervention to maintain International Law:
Intervention to maintain International
Law
was a valid ground
during the days of the League of Nations
but was removed to be so, after the formation of the United Nations Organization.
9: Intervention in civil wars:
Intervention
in civil wars is an unclear ground for intervention. The intervention acts of United Nations Organization are valid but the ground in regard to a single country's
intervention in a civil war is still unclear.
Examples
- Soviet Russia's intervention in the civil war of Afghanistan is criticized.
- America's intervention of Cuba by enforcing a blockade is criticized.
Conclusion:
In view of the above discussion it may be concluded
that a state may intervene in the affairs of another state only on the ground
of self defense. The UN may intervene in the domestic affairs of members state
on the ground of maintained or restoration of international peace and security.
That is to say, it can take collective measures or can make collective interventions.
The UN can also intervene in case of member's countries civil war when there
are violations of human rights.
Bibliography:
·
http://www.articlesbase.com
·
www.lawnote.com
·
en.wikipedia.org/wiki/Intervention
·
oxforddictionaries.com/definition/English/intervention
Book:
International law by L.N TANDON and S.K.KAPOOR
No comments:
Post a Comment