Intervention in International Law

Posted on May 12, 2024 in Social sciences

Intervention

1. Introduction

Intervention is the right of every state. When one state intervenes in the affairs of another state through force, then as a reaction against this violation, international law permits intervention. It is forcible and without the consent of the state where the intervention is done. The General Assembly of the United Nations has made non-intervention a duty of all states. Intervention may affect the internal or external affairs of another state.

2. Meaning of Intervention

The term “intervention” is used by some writers in the expression “subversive intervention” to denote propaganda or other activity by one state in the affairs of another state.

3. Definition

According to Oppenheim:
“Intervention is dictatorial interference by a state in the affairs of another state for the purpose of maintaining or altering the actual conditions of things.”

4. Form of Intervention

Intervention may be diplomatic or military.

5. Kinds of Intervention

Intervention has the following kinds:

  1. Internal
  2. External
  3. Punitive

6. Principle of Non-Intervention

The principle of non-intervention has been stated under Article 2(4) of the United Nations Charter. This principle has also been reaffirmed by the General Assembly through its Resolution 2131 (XX) of December 1965.

Exception:

Individual and collective self-defense as contained in Article 51.

7. Elements of Intervention

Elements of intervention are as under:

  1. Forcibility or use of force
  2. By a state
  3. Against a state

8. Object of Intervention

The object of intervention is to make the conditions according to the wishes of the intervening state.

9. Grounds for Intervention Under International Law

Following are grounds for intervention which are permitted under international law.

I. Self-Defense

According to Oppenheim, the use of force in self-defense is justified where it is necessary for self-preservation.

(a) Conditions:

The right of self-defense is available subject to the conditions as under:

  1. There should be an armed attack.
  2. A report should be made to the Security Council.
  3. There shall be no effect on the Security Council’s responsibility for keeping peace.
  4. The right is subject to the review of the Security Council.
  5. The right of self-defense exists until the Security Council has taken any action.
  6. This right is not available against non-members of the United Nations.

10. Present Position Under U.N. Charter

Now under the U.N. Charter, intervention cannot be justified on any ground. The Charter has prohibited the use of force by a state in the affairs of another state by virtue of Article 2, Paragraph 4, i.e., all member states shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the purposes of the United Nations.

11. Conclusion

To conclude, it can be said that intervention is dictatorial interference by a state in the affairs of another state. When the principle of non-interference is violated, it is referred to as intervention. It may be diplomatic or military. Intervention is a rule forbidden by international law, but there are exceptional cases where a state can intervene in the affairs of another state.