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Gautam Jayasurya,
2nd Year B.A (Hons) LLB,
Rajiv Gandhi National University of Law,
Patiala,
Punjab.
SSRN Author Page:
Twitter: http://twitter.com/goutamjaybe
Gautam Jayasurya,
2nd Year B.A (Hons) LLB,
Rajiv Gandhi National University of Law,
Patiala,
Punjab.
SSRN Author Page:
Twitter: http://twitter.com/goutamjaybe
Copyright:
Attribution Non-Commercial (BY-NC)
Verfügbare Formate
Als PPT, PDF, TXT herunterladen oder online auf Scribd lesen
Gautam Jayasurya,
2nd Year B.A (Hons) LLB,
Rajiv Gandhi National University of Law,
Patiala,
Punjab.
SSRN Author Page:
Twitter: http://twitter.com/goutamjaybe
Copyright:
Attribution Non-Commercial (BY-NC)
Verfügbare Formate
Als PPT, PDF, TXT herunterladen oder online auf Scribd lesen
V According to Oppenheim, ³ Intervention is dictatorial
interference by a State in the affairs of another State for the purpose of maintaining or altering the actual conditions of things.´ V Dictatorial interference here means without the consent of the State concerned. (when you interfere in the affairs of another State without its consent). (American bombardment in Pakistan.) V Maintaining or altering the actual conditions of things means to make the conditions according to the wishes of intervening State. The State is compelled to do what it doesn¶t want to do or not to do what it wants to do. V Against the concept of Sovereignty. (Basic element of an independent Nation). V invitation or on request (may be to Red Cross for help or for the purpose of any aid etc.) is not intervention. V Joint exercises of Army like recent exercise of Indian and American troops is something which can not be called as intervention. ( a show of strength to China). V Important example of intervention is China¶s interference in the domestic matters of Tibet. V American forces and allied forces still in Afghanistan and Iraq. Appointment of Afghanistan President Hamid Karzai and the execution of Sadam Hussain under the influence of the allied forces at the instance of USA. V
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#$$ V Military: Blockade, naval demonstrations, arrest and detention of foreigners or expulsion of foreign diplomats. V Subversive: propaganda or other activities by one State with the intention of starting in other State revolt or civil Strife. V Economic: interference with trade and shipping and denial of access to land and water. V Diplomatic: includes communication of the possible use of military or other coercive measures. V According to Professor Quincy Wright intervention may be diplomatic as well as military. V To protect its citizens abroad: Example: Shahrukh Khan at an American air port was thoroughly questioned regarding his name. It is only after the intervention of diplomats that he was released. This is an example as to how Muslims are being treated in America instead of Obama¶s declaration of new policy of friendship with the Islamic World. Indian students in Australia are under the racial attacks and the matter is being taken very seriously by Indian Ministries. The matter of ban on wearing of turban and keeping beard in France, Italy, USA etc has been taken by the Indian embassies over there very seriously and the recent allowing by the USA to allow the Sikhs to wear turban, keep beards and wear Kirpan in security services is sought as a victory to Indian sikh community over there after the ban on turban imposed by the California¶s Governor Arnold Schwarzenegger. Self Defence: Mr. Webster, the Secretary of U.S.A propounded an important principle regarding self defence, ³ Instant, overwhelming leaving no choice of means and no moments for deliberations.´ V This principle was affirmed by the Nuremberg Tribunal, 1946. (Established to prosecute the war criminals of Germany.) V Example: use of nuclear weapons by America on Japan in Self Defence. America attack on Iraq: weapons of mass distruction and its readiness to attack Iran. V %&
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V Can a State interfere in a State where violation of Human Rights takes place on Humanitarian Grounds? V
: basically State treatment of its subjects is only the concern of that State. Now, if there is any violation of Human Rights it is within the preview of that particular State. Unless and until Security Council first determines that the violation of human rights poses a threat to international peace and security, action under Chapter VII of the U.N. Charter can not be taken. Thus, on the ground of violation of human rights the U.N. can not intervene in the affairs of a member State. (The simple answer to the above mentioned question is µNO¶). V U.S.A attack on Iraq: (1) weapons of mass destruction (2) to liberate its citizens from a dictator. V Kuwait and Iraq war. After annexation, Iraq established its sovereignty over Kuwait and it was declared its 19th province. Security Council intervened and consequently Kuwait was freed. V Intervention in civil wars: Article 2 (7) of the U.N. Charter prohibits to interfere in domestic matters of States by U.N. If civil war assumes such magnitude that it poses threat to international peace and security then U.N. can intervene. ( Iraq and Kuwait war). V To enforce Treaty Rights: a State is justified in interfering in the affairs of another State if the provisions of any treaty oblige the former to preserve the independence of latter. (say a protectorate State). V Intervention to prevent illegal intervention: like Security Council intervened when Iraq declared Kuwait its 19th province. V Collective Intervention: Under Chapter VII of the U.N. Charter the Security Council can take collective action against any State in order to maintain or restore international peace and security. V Article 41 of the U.N. Charter: Complete or partial interruption of economic relations and of rail, sea, air, postal, telegraphic, radio and other means of communication and the severance of diplomatic relations. V Article 42 of the U.N. Charter: demonstrations, blockade and other operations by air, sea or land forces of the member of U.N. V Article 39: The Security Council shall
to the peace, breach of the peace, or act of aggression and shall make recommendations, or decide what measures shall be taken in accordance with Articles 41 and 42, to maintain or restore international peace and security. V Article 43:
of the United Nations, in order to contribute
to the maintenance of international peace and security,
, on its call and in accordance with a special agreement or agreements, armed forces, assistance, and facilities, including rights of passage, necessary for the purpose of maintaining international peace and security. V Article 47: There shall be established a
to advise and assist the Security Council on all questions relating to the Security Council's military requirements for the maintenance of international peace and security, the employment and command of forces placed at its disposal, the regulation of armaments, and possible V Propounded by President of U.S., Monroe. V President T. Roosevelt called it as cardinal feature of America Foreign Policy. V Monroe Declaration 1823: basically this declaration is in form of two principles (1) non-colonisation principle and (2) non- intervention principle. V (1) the States of America Continent would not be made subject of colonisation in future. (non-colonisation principle). V (2) America will not interfere in the mutual wars of European States nor will it tolerate any interference in the domestic affairs. (Non-intervention principle). V (3) if European States interfere in the affairs of American Continent, America would consider it as an unfriendly act and necessary action would be taken. (Non-intervention principle). V $ , &-.( / 0 / , ( 1 /