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APPRAISAL OF THE RIGHT TO HUMANITARIAN INTERVENTION IN INTERNATIONAL LAW
ABSTRACT
Intervention in the internal affairs of sovereign states by other sovereign state(s) is one of the “trending” issues in international law today. The issue is so because of the rising concept of the universality of human rights with the world shrinking into a single global community. International law and relations has from the time of the Westphalia Treaty of 1648 held the concept of sovereignty and its twin feature of equality of states and the principle of non-interference in high regard. Until recently, the concept of sovereignty has long been regarded as the bedrock of international relations. However, the doctrine of humanitarian intervention allows state(s) to intervene in the domestic affairs of sovereign states in the event of massive human rights violations, usually in the form of genocide, crime against humanity and war crimes. Humanitarian intervention is a controversial concept in international law. It is not provided for by the United Nations Charter as it neither constitutes a legitimate use of force authorized by the United Nations Security Council (UNSC) nor the use of force in self-defence. Article2(4) of the United Nations Charter clearly prohibits the threat or use of force against the territorial integrity or political independence of any state. However, since the creation of the United Nations Organization in 1945, there have been many instances of intervention on humanitarian grounds and the practice has vigorously resurged after the cold war. This study considers the meaning of humanitarian intervention as well as the legal basis of the doctrine. The study will review some cases of humanitarian intervention so as to ascertain whether or not there is presently a right to humanitarian intervention in international law and finally make suggestions for the future of the doctrine. This study posits that the right to humanitarian intervention is legal both at the Pre-UN days and survives even the UN as a form of customary international law, not based on treaty law.
TABLE OF CONTENTS
Title Page i
Certification ii
Dedication iii
Acknowledgement iv
Table of Abbreviations v
Table of Cases vi
Table of Statutes vii
Table of Contents xii
Abstract xv
CHAPTER ONE: GENERAL INTRODUCTION
1.1 Background of the Study 1
- Statement of the Problem 3
- Research Questions 4
- Aim and Objectives of the Study 4
- Research Methodology 4
- Significance of the Research 5
- Scope of the Study 5
- Literature Review 6
CHAPTER TWO: CONCEPT OF INTERNATIONAL HUMANITARIAN LAW
- Development of International Humanitarian Law 13
- Scope of Protection Under International Humanitarian Law 16
- Enforcement of Humanitarian Law 17
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International Criminal Tribunals 18
- Nuremberg and Tokyo Tribunals 20
- International Criminal Tribunal For Former Yugoslavia 21
- International Criminal Tribunal For Rwanda 22
- International Criminal Court 23
CHAPTER THREE: USE OF FORCE IN INTERNATIONAL LAW
3.1 Self-defence 26
3.2 Retortion /Counter-measure 28
3.3 Reprisals 29
3.4 Piracy 34
3.5 The Slave Trade 35
3.6 Hot Pursuit 36
3.7. Armed /Humanitarian Intervention 38
3.8 The Responsibility to Protect 41
CHAPTER FOUR: STATE SOVEREIGNTY AND HUMANITARIAN INTERVENTION
4.1 State Sovereignty and Principle of Non-Intervention 49
4.1.1 Sovereignty (Independence) 51
4.1.2 Right to Equality 54
4.1.3 Right to Peaceful Co-Existence 55
4.2 Concept and Nature of Humanitarian Intervention 55
4.2.1 Multilateral Intervention under the United Nations 58
4.2.2 Multilateral Intervention under Regional Authority 62
4.2.3 Unilateral Humanitarian Intervention 64
4.3 Conditions for the Exercise of Humanitarian Intervention in International Law 68
4.4 Humanitarian Intervention and Article 2(4) of the UN Charter 71
CHAPTER FIVE: FINDINGS, RECOMMENDATIONS AND CONCLUSION
5.1 Findings 77
5.2 Recommendations 78
5.3 Conclusion 80
Bibliography 82
APPRAISAL OF THE RIGHT TO HUMANITARIAN INTERVENTION IN INTERNATIONAL LAW
