Humanitarian Intervention In International Law

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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…show more content…
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,…show more content…
The UN Charter is the most recognized sets of rules that guarantee intervention, it save as the most important convention in regards to humanitarian intervention. United Nations Security Council (UNSC) have power to authorize member states to carry out humanitarian intervention base on Article 39 of the UN Charter which empowered the UNSC “ may authorize the UN Security Council the use of force in response to any threat to the peace, breach of the peace, or act of aggression ( UN Charter, 1945). The intervention in Libya under humanitarian ground however have a wider approval of many scholars base on the legitimate mandate operating backing from the UNSC. However, the still exist some ambiguity on the manner of the intervention and it exaggerated mandate of regime change as well as concerns on legal proceeding of participating

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