Humanitarian Intervention: Challenging The Principle Of Nonintervention, Upholding Humanity

Abstract

The United Nations (UN) was established under the notion of equality among member States. Such notion is exercised and crystallized through the principle of nonintervention. Over decades the principle of non-intervention has been the root of international relations in which it embodies a stringent rule that a state cannot intervene in another state’s affairs. On the other hand, international law recognizes human rights as part of jus cogens and in several cases giving rise to erga omnes obligations. In cases where violations of human rights occurwithin a state,conflict ascends on which interests of the international community should be upheld since the principle of non-intervention and human rights are contradictory one to another. It is true that such conflict may be anticipated through Security Council (SC) action, but, is the SC on its ownreally effective? Several cases have indicated the failures owed by the SCand have left a shattering tragedy in the civilized history. This article will observe the newly emerging customary law of humanitarian intervention and argue the necessity in recognizing such intervention in contemporary international law despite the existence of the old established rule of nonintervention.