Humanitarian Intervention and State Sovereignty in International Law


Juma Ali Haqani*,  Abdul Qadeem Sayeedi


Abstract

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



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