The Principle of State Sovereignty vs. Humanitarian Intervention in International Law

  • Mannat Bindra
  • Show Author Details
  • Mannat Bindra

    Student at IILM University, India

  • img Download Full Paper

Abstract

This paper offers a critical analysis of the ongoing conflict between state sovereignty and the need for humanitarian intervention in the area of international relations. embedded in the Westphalian idea of state sovereignty, which indicates that states have absolute control over their internal affairs, this principle has evolved and formed the backbone of the international legal system. Moreover, it confronts challenges when states are involved in severe human rights abuses, leading to the need for outside intervention. Closely analysing legal structures such as the United Nations Charter and the Responsibility to Protect (R2P) doctrine, this paper will investigate the evolving norms linked to humanitarian intervention. examining case studies, including NATO's intervention in Kosovo (1999), the Libyan intervention (2011), and the situation in Syria, by evaluating the real-world practical implications and aftermath of interventionist approaches, underscoring the ethical and legal intricacy that rise when combined with the attempt to restore state sovereignty with the moral duty to prevent atrocities. Furthermore, exploring the impact of international organizations, regional entities, and influential nations in shaping intervention actions. integrating perspectives from international law, political theory, and global governance, advocating for a balanced outlook that regards human rights while also maintaining the legitimate state authority. Finally, this paper offers policy suggestions pursued at improving the efficacy of interventions while conserving sovereignty and non-interference of states. This contributes to the existing discourse concerning the future of humanitarian intervention in an progressively interconnected and ever-changing world, reiterating the need for a more answerable and clear UN framework to address humanitarian crises.

Type

Research Paper

Information

International Journal of Law Management and Humanities, Volume 8, Issue 2, Page 1202 - 1212

DOI: https://doij.org/10.10000/IJLMH.119210

Creative Commons

This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

Copyright

Copyright © IJLMH 2021