Naslov
Military Intervention in International Law - Changing of a Traditional Paradigm

Autori
Perišić, Petra

Vrsta, podvrsta i kategorija rada
Sažeci sa skupova, sažetak, ostalo

Skup
Legal Tradition and New Legal Challenges

Mjesto i datum
Novi Sad, Srbija, 03.10.2019. - 04.10.2019

Vrsta sudjelovanja
Predavanje

Vrsta recenzije
Međunarodna recenzija

Ključne riječi
non-intervention, humanitarian intervention, Responsibility to Protect, consent-based intervention, use of force

Sažetak
It is a well-established principle of international law that an outside intervention in the affairs which are essentially within a domestic jurisdiction of another state is prohibited. Various international law documents confirm this prohibition. Coupled with a prohibition of the use of force, which is enshrined in the UN Charter, the non- intervention principle represents a strong legal bar towards using military force on the territory of another state. However, in recent decades there seems to have been a tendency towards flexibilization of the said prohibition. Arguably, the most controversial type of intervention is a humanitarian intervention, that is, a military intervention in a foreign state, undertaken with the aim of safeguarding human rights of the population in that state. Changes in the perception of a state sovereignty, as well as the rapid development of human rights law, led to abandoning a traditional view according to which no state should interfere with the internal affairs of the other, even if human rights abuses take place there. The problem with such a changed perception, though, was a lack of accompanying legal basis for undertaking military interventions of that kind. One of the ways in which states attempted to bridge that gap was the adoption of the Responsibility to Protect doctrine. This doctrine, however, provided for some states’ moral obligations but introduced nothing new with respect to their legal obligations. Although interventions for humanitarian purposes perhaps drew most attention in the international community, they are by no means the only ones in which a tendency for less stringent rules can be observed. For instance, rules on invited interventions, based on host- state consent, are likewise undergoing changes. Contrary to earlier understanding that a consent-based intervention is possible only on the side of a government and only if the conflict has not reached a threshold of a civil war, recent state practice shows that such interventions do take place in case of a civil war and that they do take place not only on the side of a government but on the side of opposition as well. One might argue that these instances are nothing more than violations of international law and that nothing really new is on the horizon. In spite of the fact that no sufficient practice and accompanying opinio juris proving the emergence of a new right yet exist, the fact remains that some of the said interventions did not attract any criticism in international community, which might pave the way towards some new customary law rules.

Izvorni jezik
Engleski

Znanstvena područja
Pravo

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