Juma Ali Haqani*, Abdul Qadeem Sayeedi
The United Nations Charter enshrines
the principle of the prohibition of the threat or use of force and the
importance of respecting the sovereignty of states and non-intervention in
their internal affairs. However, the occurrence of gross human rights
violations in some states has compelled the international community to
undertake a series of interventions, known as humanitarian intervention, to
prevent widespread human rights abuses and to safeguard international peace and
security. These interventions have led to divergent views on the legitimacy of
humanitarian intervention and its tension with the principle of sovereignty.
This paper examines the central issue of humanitarian intervention in state
sovereignty through the lens of international law. It seeks to understand the
nature of humanitarian intervention in international law and its impact on
state sovereignty. This research has been conducted using a
descriptive-analytical method and relies on library resources. Based on the
findings of this research, it appears that humanitarian intervention, as a
reality in international law, has led to the evolution and limitation of state
sovereignty in favor of humanity. The concept of the Responsibility to Protect,
which prioritizes humanitarian intervention over state sovereignty, has further
emphasized this trend. According to this international norm, "sovereignty"
has shifted from a concept of control and power to a notion of responsibility
towards one's people, a concept that has been endorsed by the Security Council
in recent years. Consequently, sovereignty has become increasingly limited in
the face of humanitarian intervention and the Responsibility to Protect.
Keywords: State sovereignty, humanitarian
intervention, Responsibility to Protect, limitation of sovereignty