Lecture 13: Intervention · Using military or related means to control population and territory of other countries · Intervention is usually in conflict with sovereignty. State A intervenes in state B (exceptions possible, e.g when states invite other states to intervene in civil war) · Before starting an intervention, international community usually applies other tools: diplomatic pressure > sanctions > intervention Interventions can, in principle, be legitimate To be formally legitimate breach of sovereignty that follows international law interventions need to consider: Jus ad bellum (right to war): regulations on when and how states can enter a war Jus in Bello (law of war): regulation on what states can or cannot do in a war Today, legitimate interventions are not carried out by individual states · UN security council can decide and/or legitimate decisions to intervene · Interventions can be humanitarian (most common today) or due to other reasons · Non-humanitarian interventions eg intervention in a ongoing interstate war, protecting allies · Humanitarian intervention e.g intervention to prevent large-scale killings Principle of non-intervention · State should respect sovereignty of other states · Article 2.3- of the UN charter: agree to settle disputes by peaceful means. Not endanger international peace and security · Article 2.4- refrain from threat or use of force against other states · Artile2.7- UN not authorized to intervene in matters that are domestic jurisdiction of states.
UN charter: threats and the Security Council: · Article 51 permits the use of force to repel an attack i.e. self- defence · But external intervention is only permitted in the event of a "threat to international peace and security" (Article 39) · Article 42 allows member states to use all possible means, including economic sanctions and military action, to enforce a U.N. resolution · "to leave to the Council the entire decision, and also the entire responsibility for that decision, as to what constitutes a threat to the peace, a breach of the peace, or an act of aggression" (travaux préparatoire) Iraq: first gulf war and its aftermath · Chapter VII action in response to Iraq's invasion of Kuwait's sovereign territory · SC Resolution 678 authorised military action (34 country coalition led by US · Kuwait liberated after less than two months More significantly, the action following the Gulf War · established no-fly zones in North and South of country · autonomous zones and assistance for Kurdish regions in the north · new precedent? Humanitarian Non-humanitarian Legitimate Not Legitimate e.g. UN Security Council deciding on intervention due to atrocities e.g. single state deciding to intervene due to humanitarian reasons e.g. UN Security Council deciding on intervention due breach of peace by state e.g. single state attacking other state · Humanitarian intervention' is a subtype of intervention and the most common type of intervention today · Linked to a redefinition what the international community is responsible for · Humanitarian intervention can be defined as' ... the use of military force on the territory of a state without its consent with the