INTERVENTION
Prepared by: Shrota Baral
Roll.no. 89
BALLB Fourth Semester
Nepal Law Campus
Contents:
General Introduction
Definitions
Kinds of Intervention
Prohibition on Intervention
Grounds for Intervention
Doctrines
Conclusion
References
General Introduction
Every state has a right to manage its affairs, internal and external and have an autonomous
legal domain of domestic jurisdiction over their own affairs.
Based on state sovereignty and territorial integrity.
This right has a corresponding duty on all the states of non-interference.
When a state intervenes in the affairs of another state, it is known as intervention.
Oppenheim: Intervention is, as a rule, forbidden there is no doubt. Its prohibition is the
corollary of every State’s right to sovereignty, territorial integrity and political integrity.
Definitions
Hyde: “A dictatorial interference in opposition to the will of particular state and
almost always serving as a design to impair the political independence of the
state.”
L. Oppenheim: “A forcible or dictatorial interference by a State in the affairs of
another State calculated to impose certain conduct or consequences on that other
State.”
Three elements:
Intervention is always forcible or dictatorial;
Intervention concerns the external independence, or territorial or personal
supremacy of the State concerned;
The purpose of Intervention is to make the condition according to the wishes
of the intervening state.
Kinds
Military Intervention: It takes place with the use of armed force. It may take the form of
military occupation of the territory of another state, naval demonstration, naval blockade,
seizure of assets belonging to the other state, or its nationals, embargo, arrest and
detention of foreigners or expulsion of foreign diplomats.
Subversive Intervention: It denotes propaganda or other activities by one state with the
intention of fomenting for its own purposes, revolt or civil strife in another state.
Economic Intervention: Interference with trade and shipping and denial of access by
land and water.
Diplomatic Intervention: May include communication of threatening tone implying
possible use of military or other coercive measures.
Prohibition on Intervention
The principle of non-intervention is not explicitly formulated in the Charter of the United Nations, However, The
principle flows through Article 2 para 4 and Article 2 para 3.
The Draft Declaration on Rights and Duties of States prepared by International law Commission in 1949, Article 3
“Every state has the duty to refrain from intervention in the internal or external affairs of any other state.”
The Declaration on the Inadmissibility of Intervention of Domestic affairs of States and the Protection of their
Independence and Sovereignty, GA adopted in December 21, 1965
“no state has the right to intervene, directly or indirectly, for any reason whatsoever in the internal or external affairs
of any state. Consequently, armed intervention as well as all other forms of interference or attempted threats against
the personality of the states or against its political, economic and cultural elements are condemned.”
The Declaration on “Principles of International Law concerning Friendly
Relations and Co-operation Among States” , GA adopted on October 24, 1970
• “Armed intervention and all other forms of interference… are in violation
of International law”
1933 Montevideo Convention on the Rights and Duties of States:
• “No state has the right to intervene in the internal or external affairs of
another.”
Non- Intervention has now become the part of jus cogens.
ICJ in Corfu Channel case: “ the alleged right of intervention was the
manifestation of a policy of force, such as has, in the past, given rise to most
serious abuses and such as cannot….. find a place in international law.”
ICJ in Nicaragua case observed that the principle of non-intervention is a ‘part
and parcel of customary international law.’ ‘The principle of non-intervention
involves the right of every sovereign state to conduct its affairs without outside
interference.’
Grounds for Intervention
To protect its citizens abroad
Self-defense
Collective intervention
Humanitarian intervention
Intervention in civil war
Doctrines:
Monroe Doctrine: Three principles:
1. ‘Non-colonisation’ principle (no part of the American content shall become
subject to the sovereignty of any European Power.)
2. ‘Non-intervention’ principle (American States would not interfere in the wars
of European States)
3. ‘Non-intervention’ principle (United States would not allow the allied
European Powers to extend their political system to any part of America)
Drago Doctrine
The principle of admissible use of force by states to recover debts from other
states.
“The public debt cannot occasion armed intervention nor even the actual
occupation of the territory of American nations.”
References
Dr H.O. Agarwal: International Law and Human Rights
Dr. S.K. Kapoor: International Law and Human Rights
Dunoff Ratner Wippman: International Law; Norms, Actors, Process
Malcolm N. Shaw: International Law
