Intervention

TANMOY MUKHERJEE INSTITUTE OF JURIDICAL SCIENCE

Dr. Tanmoy Mukherjee

Advocate

Intervention-

Tanmoy Mukherjee

Advocate

Intervention refers to dictatorial or coercive interference by a State or group of States in the affairs of another sovereign State, aimed at influencing matters within its domestic or foreign jurisdiction.

Oppenheim (Jurist) - 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.

Starke- Intervention is interference in the internal or external affairs of another State which is opposed to the will of the latter.

Jurisprudential View-

Legal Sources of the Principle of Non-Intervention-

UN General Assembly Declaration-

i) Declaration on friendly relations (1970).

ii) Declaration on Non-Intervention (1965).

Types of Intervention-

Lawful Intervention-

United Nations Security Council Intervention-

i) Chapter VII of UN Charter

ii) Binding on all States. (E.g. Iraq (1991), Libya (2011))

Responsibility to Protect-

i) Adopted in 2005 World Summit.

ii) State must protect its population.

iii) If it fails, International Community may act via UN.

Intervention to protect Nationals Abroad-

i) Imminent Danger

ii) No alternative remedy.

iii) Proportional force.

Test to Determine Illegal Intervention-

i) Coercive.

ii) Against sovereign will

iii) Relates to matters of domestic jurisdiction.

Reference Cases –