Humanitarian Intervention Report

The have been a strong interest in the revival of the contemporary application of what is traditional international law doctrine on the concept of humanitarian intervention in the past decade. At the end of the two World War, many of the state personalities and diplomats abide to the idea and theory placed under international law which acknowledge the complete “sovereign” of each nation and its independent (Chilstrom, 1974a). Hence since the dealings of international law is practically the affairs of external relations of which have and enjoy the right of sovereignty, therefore incident which occurs within the territory of a sovereign state which is of the sovereign and its subject is by logical has no effect on relations between inter states

THE LEGAL BASES OF HUMANITARIAN INTERVENTION. Since the inception of the principle of humanitarian intervention, the have been a contested stand on the legal status of it and which has not been resolved. The center of contention center on the non-approval of such intervention by the concern state. This in conclusion put the use of force in humanitarian intervention on illegal base, does asses that the international community intervention in Libya is a contradiction to international law (Chesterman, 2011). In the light of international rights norms, the legality and legitimacy of humanitarian intervention should be applauded. This norms have evolved dramatically over the past decades and as of today this norms compelled states to deal with its citizens as per international standard (Krylov, 1995a), there are many norms which are save to guard and protect human rights. The UN Charter in it preamble affirmed the people’s willingness and determination” to reaffirm faith in the fundamental human rights, in the dignity of all worth of human person” to ensure and with acceptance to this norms and it institutional approach which states that force in no way will be used as a parameter for peace except for common interest (UN Charter, 1945). Proponent in favor of humanitarian intervention argue on the fact that the preamble , assisted with Articles1,55 and 56 of the UN Charter permit member states to take action in defending human rights( Krylov,1995b). Repeated calls on

As stated by Nikolai Krylov quoting Oppenheim in stated:” {S} hould a state venture to treat its own subject or a part thereof with such cruelty as would stagger humanity, public opinion of the rest of the world would call upon the powers to exercises intervention for the purpose of compelling such a state to establish a legal order of things within its boundaries sufficient to guarantee to its citizens an existence more adequate to the ideas of modern civilization”. Clearly in 1915 a professor stated:” Where a state under exceptional circumstances disregard certain rights of its own citizens, over whom presumably it has absolute sovereignty, the other states of the family of nations are authorized by international law to intervene on the ground of humanity”(Krylov, 1995c). Some legal justifications of humanitarian intervention are pick up in Article 38 (1) of the statute of the international Court of Justice that affirmed the legal binding of international norm provided they are part in international conventions and custom (The Statute of the ICJ, 1985). In international law this statute is considerable accepted as a standard norm (Holzgreve,