Non-intervention

Definition

Non-intervention is a principle in international law that prohibits a state from interfering in the internal affairs of another sovereign state. It is a fundamental aspect of the sources and practice of international law, as it upholds the principles of state sovereignty and the equality of nations.

5 Must Know Facts For Your Next Test

1. Non-intervention is a core principle of the United Nations Charter, which prohibits the use of force or the threat of force against the territorial integrity or political independence of any state.
2. The principle of non-intervention is closely linked to the principle of state sovereignty, as it protects a state's right to make decisions and govern its affairs without external interference.
3. Exceptions to the principle of non-intervention may arise in cases of humanitarian intervention, self-defense, or with the consent of the affected state.
4. The International Court of Justice has recognized non-intervention as a customary rule of international law, which means it is binding on all states regardless of whether they have formally adopted it.
5. Violations of the principle of non-intervention can lead to diplomatic consequences, such as sanctions, or in extreme cases, the use of force authorized by the United Nations Security Council.

Review Questions

• Explain the relationship between the principle of non-intervention and the concept of state sovereignty.
  • The principle of non-intervention is closely tied to the concept of state sovereignty, as it upholds the exclusive right of a state to govern its internal affairs without external interference. Non-intervention ensures that states can exercise their sovereign authority and make decisions free from the influence or coercion of other states. This principle is a fundamental aspect of international law, as it preserves the equality and independence of nations and protects the territorial integrity of states.
• Describe the exceptions to the principle of non-intervention and the circumstances under which they may be invoked.
  • While the principle of non-intervention is generally recognized in international law, there are some exceptions that may allow for intervention in a state's internal affairs. These exceptions include cases of humanitarian intervention, where a state or international organization intervenes to prevent or stop egregious human rights violations. Intervention may also be justified in cases of self-defense, where a state acts to protect itself from an armed attack. Additionally, intervention may be permitted with the consent of the affected state. However, the application of these exceptions is highly controversial and subject to strict scrutiny, as they can potentially undermine the fundamental principle of non-intervention and state sovereignty.
• Analyze the role of the International Court of Justice in upholding the principle of non-intervention and its significance in the broader context of international law.
  • The International Court of Justice (ICJ) has played a crucial role in reinforcing the principle of non-intervention as a customary rule of international law. Through its rulings, the ICJ has established that non-intervention is a fundamental norm that binds all states, regardless of whether they have formally adopted it in treaties or other international agreements. The ICJ's recognition of non-intervention as a customary rule underscores its importance as a cornerstone of the international legal system, which is built on the principles of state sovereignty and the equality of nations. The ICJ's jurisprudence on non-intervention has helped to shape the understanding and application of this principle, and has contributed to its continued relevance and influence in the conduct of international affairs.

Related terms

Sovereignty: The supreme authority within a territory, which gives a state the right to self-govern and make decisions without external interference.

Principle of Territorial Integrity: The principle that a state's borders are inviolable and that it has the exclusive right to exercise jurisdiction within its territory.

Domestic Jurisdiction: The exclusive right of a state to regulate its internal affairs without outside interference, as recognized in international law.