1) Introduction :
The intervention prohibited by international law is actually defined as dictatorial interference by a state in the affairs of another state. There are three different kinds of intervention which are Internal, External and Punitive. There are few interventions which can be justified by right and as such not a violation by the intervening State of the independence of another.
2) What is Intervention :
Intervention is dictatorial interference by a State in the affairs of another State for the purpose of maintaining or altering the actual condition of things. Mere friendly advice and general political influence do not strictly come under this term as essential requisite of intervention are the use of force or a threat to use force is lacking in them. The interference must take an imperative form - it should be forcible or backed by the threat of force
3) Kinds of Intervention
There are Three Different Kinds of Intervention which are as follows -
(I) Internal
(II) External
(III) Punitive
4) Grounds for Intervention:
1) Self-Preservation -
The Supreme interest of the State overrides the law. The right of self-preservation is more sacred than the duty of respecting the independence of other State. A state has right to interfere in the affairs of another State where the security and immediate interests of the former are compromised. Interventions, therefore, in order to ward off imminent danger to the intervening State are justified by the force of Circumstances. The danger must be direct and immediate, not contingent and remote.
2) Enforcement of Treaty Rights -
A State is justified in interfering in the affairs of another State if the provisions of any treaty oblige the former to preserve the independence or neutrality of the latter. Such intervention does not violate any right of independence because the State that suffers has conceded such liberty of interference by treaty.
3) Grounds of Humanity -
Another justification is based on the ground of humanity. Lawrence observes that in the opinion of many writers such interventions are legal, but they cannot be brought within the ordinary rules of International Law, which does not impose on States the obligation of preventing barbarity on the part of their neighbors.
4) Balance of Power -
The Doctrine of the necessity of a balance of power, observes Fenwick, between the leading States as the basis of mutual self-protection, dominated the international relations of the nineteenth century. Most of the interventions in the Balkan Peninsula should be regarded as interventions in consonance with the policy of balance of power. Intervention on the ground of prevention of the balance of prevention has been condemned by jurists of all ages.
5) Protection of Persons and Property -
Protection of the persons, Property and interest of its nationals may provide justification for intervention. The necessity for protection may arise due to gross injustice or due to injury caused by unfair discrimination.
6) Intervention in Civil Wars -
With the establishment of the United Nations, there is no justification for intervention by the Individual States in the civil wars of other states. The Charter of United Nations imposes an obligation upon States to refrain in the international relations from the threat or use of force against the territorial integrity or political independence of any State.
7) Collective Intervention -
Collective intervention at the present time is in pursuance of the provisions of the Charter of the United Nations, viz the enforcement action under the authority of the United Nations Security Council in accordance with Chapter VII of the Charter.
8) Other Grounds -
a) If the State subject of the intervention has been guilty of a gross breach of International Law in regard to the intervening State, for example -If it has itself unlawfully intervened.
b) Self Defence, if intervention is necessary to meet a danger of an actual armed attack.
c) In the affairs of a protectorate under its dominion;
d) To protect the rights and interests and the personal safety of its citizens abroad;
See also...
Extradition: Meaning, Definition and Purpose of Extradition
Jurisdiction of the International Court of Justice (ICJ)
The intervention prohibited by international law is actually defined as dictatorial interference by a state in the affairs of another state. There are three different kinds of intervention which are Internal, External and Punitive. There are few interventions which can be justified by right and as such not a violation by the intervening State of the independence of another.
Intervention is dictatorial interference by a State in the affairs of another State for the purpose of maintaining or altering the actual condition of things. Mere friendly advice and general political influence do not strictly come under this term as essential requisite of intervention are the use of force or a threat to use force is lacking in them. The interference must take an imperative form - it should be forcible or backed by the threat of force
3) Kinds of Intervention
There are Three Different Kinds of Intervention which are as follows -
(I) Internal
(II) External
(III) Punitive
See in Detail...... Meaning and Kinds of Intervention
4) Grounds for Intervention:
1) Self-Preservation -
The Supreme interest of the State overrides the law. The right of self-preservation is more sacred than the duty of respecting the independence of other State. A state has right to interfere in the affairs of another State where the security and immediate interests of the former are compromised. Interventions, therefore, in order to ward off imminent danger to the intervening State are justified by the force of Circumstances. The danger must be direct and immediate, not contingent and remote.
2) Enforcement of Treaty Rights -
A State is justified in interfering in the affairs of another State if the provisions of any treaty oblige the former to preserve the independence or neutrality of the latter. Such intervention does not violate any right of independence because the State that suffers has conceded such liberty of interference by treaty.
3) Grounds of Humanity -
Another justification is based on the ground of humanity. Lawrence observes that in the opinion of many writers such interventions are legal, but they cannot be brought within the ordinary rules of International Law, which does not impose on States the obligation of preventing barbarity on the part of their neighbors.
4) Balance of Power -
The Doctrine of the necessity of a balance of power, observes Fenwick, between the leading States as the basis of mutual self-protection, dominated the international relations of the nineteenth century. Most of the interventions in the Balkan Peninsula should be regarded as interventions in consonance with the policy of balance of power. Intervention on the ground of prevention of the balance of prevention has been condemned by jurists of all ages.
5) Protection of Persons and Property -
Protection of the persons, Property and interest of its nationals may provide justification for intervention. The necessity for protection may arise due to gross injustice or due to injury caused by unfair discrimination.
6) Intervention in Civil Wars -
With the establishment of the United Nations, there is no justification for intervention by the Individual States in the civil wars of other states. The Charter of United Nations imposes an obligation upon States to refrain in the international relations from the threat or use of force against the territorial integrity or political independence of any State.
7) Collective Intervention -
Collective intervention at the present time is in pursuance of the provisions of the Charter of the United Nations, viz the enforcement action under the authority of the United Nations Security Council in accordance with Chapter VII of the Charter.
8) Other Grounds -
a) If the State subject of the intervention has been guilty of a gross breach of International Law in regard to the intervening State, for example -If it has itself unlawfully intervened.
b) Self Defence, if intervention is necessary to meet a danger of an actual armed attack.
c) In the affairs of a protectorate under its dominion;
d) To protect the rights and interests and the personal safety of its citizens abroad;
See also...
Extradition: Meaning, Definition and Purpose of Extradition
Jurisdiction of the International Court of Justice (ICJ)
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