International law and the principle of non-intervention

Abstract

The principle of non-intervention imposes a duty on States to refrain from interfering into each other's affairs and gives meaning to the basic premise that States are equal subjects under international law. Notwithstanding its importance, it remains one of the least understood concepts in international law and also one which instils huge controversies. In chapter one I tackle the problem of arriving at a correct definition of the principle of non-intervention or more precisely of what constitutes intervention. The problem arises from the fact that intervention may take several forms which may or may not be related to each other. Thus, intervention can be forcible or non-forcible. Often the common denominator is the sole fact that the sovereignty of the State has been breached by the element of coercion. In chapter two I will trace the evolution of the principle of non intervention prior to the signing of the U.N. Charter. I have emphasised a great deal on the evolution of the principle in the American continent because I consider that those facts are important in understanding what the principle of non-intervention means to many States who feel threatened by more powerful States. In chapter three I delve into the different interpretations of certain U.N. Charter provisions (mainly Articles 2(4) and 2(7)) to find out to what extent does the most important multilateral treaty of our time prohibit intervention both on the part of States and regional organisations. This is followed by chapter four which examines current State practice on the subject with the aim of establishing to what extent is the principle of non-intervention currently being observed and more importantly what justifications are being raised by States when intervening. States have continued to intervene notwithstanding the fact that the Declaration on Principles Concerning Friendly Relations and Co-operation Among States in Accordance With the Charter of the United Nations explicitly prohibits intra-State intervention and they claim each time that their action is in line with international law. I examine specific forms of intervention mainly humanitarian intervention, intervention.· to protect nationals, intervention in civil or mixed conflicts and punitive intervention, often taking the form of armed reprisals. Chapter five deals with non-forcible forms of interventions mainly those of an economic, political and diplomatic nature.