Grounds of intervention in international law under the UN charter
A- Intervene- to intervene in the affairs of another.
Oppenheim - 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 means a country interferes the affairs of another country by means of force or by any other means.
Examples-
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- this is the example of intervention by force.
America intervene in India and Russia deals of Crio-genic Engines required for rocket technology, due to America diplomatic interventions Russia broke this agreement.
Prohibitions of Intervention-
In principle IL prohibits interventions, this prohibitions is the corollary of every state rights to sovereignty, territorial integrity and political independence.
Art2(4) UN charter- all member 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 Art51 of UN Charter provide two grounds of Interventions-
1. Self Defense. Art 51, provides the protection of self defense against the armed attack of an 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 fronter of it. After some border incidnet there were some solders killed of each of the state. The X attacts 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 attact by A and B and 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 defence. Because Art 51 permits the rights of self defence 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 Nigara 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 of UN Charter provides other grounds of Interventions:
1. Humanitarian grounds.- UN is authorized by collective Interventions when Human rights are violated in any country.
2. Enforcement of treaties rights. Initially it was supposed to be good, but not UN not recognized this intervention to protect the treaties rights.
3. Intervention to prevent illegal interventions. Kuwait is the best example of this intervention.
4. Balance of power.
5. Protection of person and their property- initially it was recognized but, not UN not recognized it as a good means of interventions. And UN also criticized America intervention in Grenada in 1983.
6. To maintain law and order.
Intervention in civil war- it is also not recognized a good ground to intervene
Conclusion- in view of the above discussion it may be concluded that a state my 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.
Grounds of intervention in international law under the UN charter
By: Naveen Kumar Shelar
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