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View Full Version : What is intervention and when it is permitted under international law. (1998)(1999)



vustudents
09-07-2012, 07:06 PM
1. Introduction:
Intervention is right of every state. when one state intervenes in the affairs of another state through force then as a reaction against this violation, international law, permits intervention. it is forcible and without the consent of the state where in the intervention is done. general assembly of the unite 1 nation has made non- intervention a duty of all the states. intervention may effect internal or external affairs of another state.
2. Meaning of intervention:
The term "intervention" is used by some writers in the expression "subversive intervention" to denote propaganda or other activity by one state into the affairs of another state.
3. Definition:
According to Oppenheim:
"Intervention is dictorial interference by a state in the affairs of another state for the purpose of maintaining or altering the actual conditions of things."
4. Form of intervention:
Intervention may be diplomatic or military.
5. Kinds of intervention:
Intervention has kinds following.
(a) Internal.
(b) External.
(c) Punitive.
6. Principle of non- intervention:
Principle of non- invention has been stated under article 2(4) of the united nations. this principle has also been re- affirmed by the general assembly through its resolution 2131 9xx) of December 1965.
Exception:
Individual and collective self defence as contained in article 51.
7. Elements of intervention:
Elements of the intervention are as under.
(a) Forcibility or use of force.
(b) By a state.
(c) By a state.
(d) Against a state.
8. Object of intervention:
Object of intervention is to make the conditions according to the wishes of intervention state.
9. Grounds for intervention under international law:
Following are grounds for intervention which are permitted under international law.
I. Self defence:
According to oppenhiem use of force in self defence is justified where it is necessary for self preservation.
(a) Conditions:
The right of self defence is available subject to the conditions as under.
(i) There should be an arm attack.
(ii) Report should be made to security council.
(iii) There shall be no effect on security council responsibility for keeping peace.
(iv) Right is subject to the review of security council.
(v) Right of self defence exits until security council has taken any action.
(vi) This right is not available against non- member of united nation.
The Coroline case 1841:
Following principle was laid down in this case.
"Necessity of self defence should be instant, overwhelming and leaving no choice or means and no moment for deliberation."
II. Collective intervention:
Under the charter of united nation collective intervention can be made to check an aggression on the breach of international peace and security. in chapter (vii) security council has been empowered to take collective action if there exist a threat or breach of the international peace and security or an aggression has taken place.
(iii) Intervention on humanitarian ground:
Humanity is also justification for intervention by a state. when human rights are openly violated, other states can interfere to check violation of human rights. it is controversial question as to whether after the enforcement of charter of united nation, intervention is lawful or not. now this type of intervention is not permissible under international law.
(iv) Intervention to protect persons and property:
State can interfere on the ground to protect the persons and property.
(v) Intervention for balance of power:
It was permitted in the past but after the establishment of united nation no state can intervene in the internal and external affairs of other state.
(vi) Intervention to maintain international law:
It was permitted before the establishment of united nation. now intervention of international law is not permissible.
(vii) Intervention for enforcement of treaty rights:
A state is justified to interfered the external or internal affairs of other state for the enforcement of rights of treaty. united nation does not recognise this intervention.
10. Present position under U. N Charter:
Now under U. N charter intervention can not be justified on any ground. the charter has prohibited the use of force by a state in the affairs of another state by virtue of article 2 para 4 i. e. all members states shall refrain 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 in consistent with the purposes of the united nation.
11. Conclusion:
To conclude it can be said that intervention is a dictatorial interference by a state in the affairs of other state. when principle of non interference is violated, it is referred to intervention. it may be diplomatic or military. intervention is a rule forbidden by international law but there are exceptional cases where a state can intervene in the affairs of other state.