AN APPRAISAL OF THE DOCTRINE OF NON-INTERVENTION IN INTERNATIONAL LAW

AN APPRAISAL OF THE DOCTRINE OF NON-INTERVENTION  IN INTERNATIONAL LAW

CHAPTER ONE 

1.0     GENERALINTRODUCTION

1.1    Background of the Study

The Charter of the United Nations was signed on the 26^th of June, 1945 in San Francisco United States of America. The Charter came into force on the 24^th of October, 1945^[1]_. Sequel to the meeting and signing of the Charter, many meetings were held at various places^[2] as a result of what was considered to be threat to the international community. This threat had its own origin from what happened immediately after the First World War and indeed, during the Second World War. For example, the world-wide economic recession of the late twenties and thirties, the risk in popularity of anti democratic and nationalist doctrines, the disintegration and collapse of the League of Nations. Others included aggressive force of Italian fascism, German Nazism and Japanese militarism. All these were recognized as threats to the international peace and security, which needed to be stamped out for peace and security of the International community.

In several meetings that were held, member states agreed that complete victory over their enemies was a necessary prerequisite for the defense of life, liberty, independence, religious freedom and for the preservation of human rights and justice in their own lands as well as in other places. They also agreed to engage in a common struggle against savage and brutal forces seeking to subjugate the world^[3]. By the Declaration, each signatory government pledged itself to employ its full resources, military and economic, against those members of the tripartite pact and its adherents with which such governments were at war and to cooperate with Governments signatories thereto, and not to make separate armistice or peace with enemies.

However, during the preparation of the Charter, Member States agreed to draw a line between activities, which were regarded as purely domestic, and those, which were within the realm of international domain.

So at the end, the principle of non-intervention was inserted into the United Nations Charter. Thus, Article 2 of the UN Charter provides inter alia that:

“Nothing contained in the present Charter shall authorize the United Nations to intervene in matters which are essentially within the domestic jurisdiction of any state or shall require the members to submit such matters to settlement under the present Charter.^[4]” This is what is commonly known as the principle of non-intervention. Since then the principle have

been abused by international community.

1.2     Statementof the Problem

Since the signing of the United Nations Charter on October 24, 1945 illegal intervention of one state by another at international level seems to have continued unchecked. Since human activities are not static but flexible, there occurred many changed circumstances, interests and priorities. Many concepts, ideologies, philosophies and norms have evolved under international law. These have  called for a review of the old initial idea or conception of the principle of non-interference⁵ 69 years after the signing and coming into effect of the principal Charter of the United Nations. For example in 1945, the priority of the United Nations was how to prevent further international wars, how to promote international peace and security by way of coming together of the international community and to agree on peace agenda which was thought to be the only panacea for peace and security.

AN APPRAISAL OF THE DOCTRINE OF NON-INTERVENTION  IN INTERNATIONAL LAW