AN APPRAISAL OF THE DOCTRINE OF NON-INTERVENTION IN INTERNATIONAL LAW

AN APPRAISAL OF THE DOCTRINE OF NON-INTERVENTIONIN INTERNATIONAL LAW

ABSTRACTS

Under the Charter of the United Nations, intervention is absolutely prohibited in matters that are purely domestic to states. However, notwithstanding this general rule of non-intervention, there are happenings that though purely internal to states, have the capability to threaten international peace and security. The United Nations Charter has recognized these happening as worthy justification for intervention. Examples are self defence and authorization by the UN Security Council. Other exceptions have been created under customary international law such as humanitarian intervention, etc However, within the last 69 years so many events have happened as a result of which the rule of non-intervention has been widely breached majority of which could be justified on grounds of economic, cultural, social and political imperatives. Therefore, the task of this thesis is to examine states practice as it affects the principle of non-intervention by creating diplomatic, political and economic problems throughout the globe. It is against this background that this research tries to analyse modern practice of states at international law to see that to what extent the principle of non-intervention has been abused. To achieve this, a doctrinal method of research was adopted. After analysing the principle of non-intervention, the research concludes that the principle is meant to protect and preserve the territorial integrity, political independence and sovereign equality of states. Consequently, all forms of illegal interventions constitute violation of the Charter of the UN. However, it is found that states still intervene illegally in many parts of the world. It is recommended that some coherence be brought in to the principle of non-intervention and the application of the exceptions to the principle be carefully defined.

TABLE OF CONTENTS Declaration………………………………………………………………………. Certification…………………………………………………………………………………………………. Dedication…………………………………………………………………………………………………….

Acknowledgements………………………………………………………………………………………… Abstracts…………………………………………………………………………………………………….

Tables of Cases…………………………………………………………………………………………..

Tables of Statutes ……………………………………………………………….. viii

List of Journals……………………………………………………………………………………………. x Abbreviations…………………………………………………………………………………………….. xi

Table of Contents…………………………………………………………………………………………. xii

CHAPTER ONE: GENERAL INTRODUCTION

1.1Background of the Study………………………………………………………………………

Statement of the Problem …………………………………………………………………..

3 .3 Aims and objectives of the Study………………………………………………………..

1.4 Scope of the Study………………………………………………………………….

1.5 Literature Review………………………………………………………………………………..

1.6 Justification ………………………………………………..

1.7 Methodology ……………………………………………………..

1.8 Organisational Layout………………………………………………………………………….

CHAPTER TWO: THE DEVELOPMENT OF THE PRINCIPLE OF NON-INTERVENTION

2.1 Introduction…………………………………………………………………………………………..

2.1.1 Meaning of Non-Intervention………………………………………………………………….

2.1.2 Historical Development of the Principle of Non-intervention ………………………

2.2 Sources of the Law of Non-intervention…………………………………………………..

2.2.1 United Nations Charter………………………………………………………………………….

2.2.2 United Nations General Assembly Resolution 2131…………………………………..

2.2.3 United Nations General Assembly Resolution 2625………………………………….

2.2.4 Case Law……………………………………………………………………………………………

2.2.5 Customary International Law………………………………………………………………….

2.2.6 Opinio Juris ……………………………………………………………………………………..

2.3. The Interpretation of Domestic Jurisdiction………………………………………………

2.3.2 Some Reasons for Intervention………………………………………………………………

2.4. The Idea of Sovereignty of State……………………………………………………………

.4.2 The Concept of Sovereignty………………………………………………………………….

2.4.3 Non-Intervention and The Doctrine of Sovereignty………………………………….

2.4.4 The Concept of Sovereignty and Contemporary World…………………………

2.5 Conclusion…………………………………………………………………………………………..

CHAPTER THREE: THE MODERN CONCEPT OF THE PRINCIPLE OF NON-INTERVENTION

3.1 Introduction……………………………………………………………………………………..

3.2 The Modern Concept of Intervention……………………………………………………
3.2.1 Political Pressure…………………………………………………………………………….

3.2.2 Economic Pressure…………………………………………………………………………

3.2.3 Democratic Revolution……………………………………………………………………..

3.2.4 Humanitarian Assistance…………………………………………………………………..

3.2.5 Ideological or Moral Value………………………………………………………………….

3.2.6 Supply of Funds……………………………………………………………………………….

3.2.7 Provision of Statistics and Logistics…………………………………………………….

3.2.8 Economic Sanctions………………………………………………………………………..

3.2.9 Intervention to Assist Modernisation…………………………………………………..

3.3 Conclusion……………………………………………………………………………………….

CHAPTER FOUR: EXCEPTIONS TO THE RULE OF NON-INTERVENTION

4.1 Introduction…………………………………………………………………………………………

4.2 Prohibition of Intervention……………………………………………………………………….

4.3 Anticipatory Self-Defence………………………………………………………………………

4.4 Intervention through Authorization of the UN General Assembly………………..

4.5. Claims to other Exceptions…………………………………………………………………..

4.5.1 Intervention for the Protection of the lives and Property of Nationals…………

4.5.2 Intervention by Request………………………………………………………………………..

4.5.3 Humanitarian Intervention……………………………………………………………………

(a) Indian Intervention in Pakistan, 1971………………………………………………………

(b) Tanzania Intervention in Uganda, 1979………………………………………………..

(c) Vietnamese Intervention in Cambodia……………………………………………………
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(d) Allied Forces Intervention in Iraq, 1991…………………………………………………

(e) France Intervention in Mali 2013……………………………………………………………

(f) NATO Intervention in Libya 2011……………………………………………………………

(g) France Intervention in Cote D‟Ivoire 2011……………………………………………..

(h) France Intervention in Central African Republic 2013………………………………..

4.5.3.1 Comment…………………………………………………………………………………………

4.5.4 Intervention to Enforce Provision of a Treaty………………………………………..

4.5.4.1 The Turkish Intervention in Cyprus, 1974……………………………………………..

4.5.5 Intervention in support of Democracy (Reagan Doctrine)……………………….

4.5.6 Intervention/Non-intervention in the Post-Cold War Period……………………

4.5.6.1 (i) Intervention in Haiti and Liberia………………………………………………………

4.5.7 Intervention in the Fight Against Terrorism……………………………………………

4.6 Conclusion………………………………………………………………………………….

CHAPTER FIVE: SUMMARY, CONCLUSION AND RECOMMENDATIONS

5.1 Introduction…………………………………………………………………………………….

5.2 Summary of the Principle of Non-Intervention………………………………………

5.3 Conclusion ………………………………………………………………………………………….

5.4 Recommendations……………………………………………………………………………

6.0 BIBLIOGRAPHY……………………………………………………………………………………

CHAPTER ONE 1.0 GENERAL INTRODUCTION 1.1 Background of the Study
The Charter of the United Nations was signed on the 26th of June, 1945 in San Francisco United States of America. The Charter came into force on the 24th of October, 19451. Sequel to the meeting and signing of the Charter, many meetings were held at various places2 as a result of what was considered to be threat to the international community. This threat had its own origin from what happened immediately after the First World War and indeed, during the Second World War. For example, the world-wide economic recession of the late twenties and thirties, the risk in popularity of anti democratic and nationalist doctrines, the disintegration and collapse of the League of Nations. Others included aggressive force of Italian fascism, German Nazism and Japanese militarism. All these were recognized as threats to the international peace and security, which needed to be stamped out for peace and security of the International community.
1 See Introductory to Note the Statute: Charter of the UN Statute of the International Court of Justice, United Nations. New York pp. 1-2 2 Moscow Conference of October 19-30, 1943 Tehran Conference of December 1, 1943; Dumberton Oaks Meeting from August 21-Sep 28 Yalta Conference of Feb 3-11 1945 etc.
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In several meetings that were held, member states agreed that complete victory over their enemies was a necessary prerequisite for the defense of life, liberty, independence, religious freedom and for the preservation of human rights and justice in their own lands as well as in other places. They also agreed to engage in a common struggle against savage and brutal forces seeking to subjugate the world3. By the Declaration, each signatory government pledged itself to employ its full resources, military and economic, against those members of the tripartite pact and its adherents with which such governments were at war and to co-operate with Governments signatories thereto, and not to make separate armistice or peace with enemies.
However, during the preparation of the Charter, Member States agreed to draw a line between activities, which were regarded as purely domestic, and those, which were within the realm of international domain. So at the end, the principle of non-intervention was inserted into the United Nations Charter. Thus, Article 2 of the UN Charter provides inter alia that: “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 or shall require the members to submit such
3 UN, Charter 1945, Op. Cit, p.1 .
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matters to settlement under the present Charter.4” This is what is commonly known as the principle of non-intervention. Since then the principle have been abused by international community. 1.2 Statement of the Problem
Since the signing of the United Nations Charter on October 24, 1945 illegal intervention of one state by another at international level seems to have continued unchecked. Since human activities are not static but flexible, there occurred many changed circumstances, interests and priorities. Many concepts, ideologies, philosophies and norms have evolved under international law. These have called for a review of the old initial idea or conception of the principle of non-interference5 69 years after the signing and coming into effect of the principal Charter of the United Nations. For example in 1945, the priority of the United Nations was how to prevent further international wars, how to promote international peace and security by way of coming together of the international community and to agree on peace agenda which was thought to be the only panacea for peace and security.
However, between 1945 and now (year 2014) many international events took place which, though not totally overtaking the original
4 Art. 2 (7), Ibid 5 Ibid.