Thursday, 2 May 2013

Intervention, in international law



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
2)       Humanitarian grounds
5)       Balance of power
7)       Collective intervention
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
·         www.yourdictionary.com › Dictionary Definitions
Book:
International law by L.N TANDON and S.K.KAPOOR

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