Humanitarian intervention : the Sierra Leone experience

Abstract

The purpose of this thesis is to assess a dialectic of international law, a dilemma within the values of state sovereignty , order and justice in the human rights of the population of a state. The world is undergoing a process of change whereby massive human right violations in a state may impinge on the collective security of the international community and therefore constitutes a threat to international peace and security. Since the adoption of the United Nations [UN] Charter, the human right of the individual is no longer regarded as purely a matter of domestic jurisdiction of a state. A state today cannot rely on the doctrine of state sovereignty to engage in massive violations of the rights of its citizens. Such crimes as genocide and complete annihilation of a population are prohibited under international law. We examined the doctrine of state sovereignty in relation to protection of human rights in international law and humanitarian intervention. and whether a unilateral intervention undertaken by a state can be justified purely on humanitarian grounds. We also examined the application of current state practice, taking into consideration the UN charter, customary international law and practice of the UN. ECO WAS intervention in Sierra Leone is taken as a case study. The conduct of such intervention and the role of international organisations, taking into consideration the constitutive Treaty and Protocol agreements establishing this regional body was analysed although the conflict in Sierra Leone is still on. The diplomacy of international humanitarian intervention or enforcement action was also examined in the conduct of intervention. A critical analysis of the nature of the conduct of the intervention reveals that a regional organisation like ECOW AS, in spite of its set backs, has prospects for protection of human rights accountable democracy and international peace and security.