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Information Journal Paper

Title

THE CHANGE IN THE DEFINITION OF THE PRINCIPLE OF "NON-INTERVENTION" IN INTERNATIONAL LAW

Pages

  93-127

Abstract

 The principle of “non-intervention" in internal affairs of countries is one of the fundamental principles of international law upon which, the countries are prohibited to intervene in the internal affairs of each other. Respecting this principle would result in the SOVEREIGNTY and independence of the countries and also maintains international peace and security.The constituents of UN Charter attempted to prevent the governments from interfering in each other's affairs based on the principle of the "non-use of force". Assigning responsibility for maintaining international peace and security to the Security Council provided the permanent members of the council means to intervene in the internal affairs of countries in special cases. During the Cold War, the international community tried to obey the "non-intervention" principle to some extent. After the Soviet Union’s collapse, the Security Council, with a broad interpretation of the concept of "peace and international security", considered "internal peace" and "international peace" associated. Thus, it felt responsible for the events such as human rights violation and humanitarian disasters happening inside the field of duty and responsibility of states and territories and also, attempted to take action by military intervention in the countries that violate human rights. As a result of these, the principle of "non-intervention" was somehow weakened.After the event of Sept-11, the Security Council felt responsible to confront international terrorism and prevent the spreading of the mass destructive weapons. Moreover, as an international legislative center, by conducting rules and guidelines, it entered the territorial affaires of the countries. Furthermore, the United States, by referring to strategy of "preventive self-defense", announced that they are no more pledged to the terms of non- use of force in the UN Charter and in the condition of mistreat to its security, the United States will take action by itself. The result of new American approach and the military intervention in countries like Iraq and Afghanistan reduced the credibility of the Security Council and it also hurt the principle of "non-intervention".Recently, with the introduction of human rights principles as rules of "jus covens", the governments not only have to maintain, but also are obliged to end their violations. The government’s primary duty is to support their people. If a government cannot or is not willing to protect its own nationals or victim populations in the territory that has the possession of, the principle of “international responsibility for protection" will replace the principle of "non-intervention". Based on this theory, all governments will accept the responsibility to support the oppressed people based on the Charter of the UN.

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    APA: Copy

    SADEGHI HAGHIGHI, DYDOKHT. (2011). THE CHANGE IN THE DEFINITION OF THE PRINCIPLE OF "NON-INTERVENTION" IN INTERNATIONAL LAW. STUDIES OF INTERNATIONAL RELATIONS JOURNAL (POLITICAL SCIENCE AND INTERNATIONAL RELATIONS JOURNAL), 4(16), 93-127. SID. https://sid.ir/paper/247496/en

    Vancouver: Copy

    SADEGHI HAGHIGHI DYDOKHT. THE CHANGE IN THE DEFINITION OF THE PRINCIPLE OF "NON-INTERVENTION" IN INTERNATIONAL LAW. STUDIES OF INTERNATIONAL RELATIONS JOURNAL (POLITICAL SCIENCE AND INTERNATIONAL RELATIONS JOURNAL)[Internet]. 2011;4(16):93-127. Available from: https://sid.ir/paper/247496/en

    IEEE: Copy

    DYDOKHT SADEGHI HAGHIGHI, “THE CHANGE IN THE DEFINITION OF THE PRINCIPLE OF "NON-INTERVENTION" IN INTERNATIONAL LAW,” STUDIES OF INTERNATIONAL RELATIONS JOURNAL (POLITICAL SCIENCE AND INTERNATIONAL RELATIONS JOURNAL), vol. 4, no. 16, pp. 93–127, 2011, [Online]. Available: https://sid.ir/paper/247496/en

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