Intervention

Dr. Shilpa Bagade,

M.A Ph.D(Law)
Modern Law Relating to the principle of Non-intervention

Art.2(4) and Art. 2(7)

UNO made the efforts to develop the principle of non intervention

UNGA principle on “ The Essentials of Peace”

First Declaration – Declaration on the Inadmissibility of Intervention in the Domestic Affairs

of States and the Protection of their Independence and Sovereignty, 1965

Declaration on Principles of International Law concerning Friendly Relations and

Cooperation among states in accordance with the Charter of UN, 1970

The Charter of Economic Rights and Duties of States 1974

Declaration on the Inadmissibility of Intervention and Interference in the Internal Affairs of

States, 1981

Declaration on the Enhancement of the Effectiveness of the Principle of Refraining from the
Threat or Use of Force in International Relations, 1987
International Organizations:

Charter of World Bank

 It provides that neither the bank and its officers will interfere in the political affairs of any
member, nor their decisions be affected by the political structure of the member or members
concerned. Only economic considerations are relevant to their decisions for assisting the
member states in reconstruction and growth of their territories and for providing loan.
International Court of Justice:

Corfu Channel Case(1949)ICJ Rep 35

Nicaragua case(1986)ICJ Rep 106(202)

DRC vs. Uganda (2005) ICJ Rep 168
Types of Intervention
Direct Intervention

Military Intervention or Intervention by Forcible or Dictatorial Means

Indirect Intervention

Subversive Intervention

Economic Intervention

Diplomatic Intervention
Intervention under UN Charter
United Nations
Collective Intervention on Humanitarian Ground
Unilateral Intervention on Humanitarian Ground
Collective Intervention on ground of Civil war
Collective Intervention on ground of environment catastrophes

State
Intervention on ground of self- defense
Right to anticipatory or pre-emptive self –defense
Other traditional grounds of intervention by a state
Intervention to eliminate existing government in a state
Afghanistan Case Study:

The price of non acting

Sovereignty v. Self-determination

Argument of Jus Cogens(Kosovo opinion)

Arguments of Self- Determination

Parting Thoughts
Conclusion

The responsibility to Protect

Thank You