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droit de non ingérence

Publié le 02/02/2021

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« - Introduction non-natos of humanitarian interventions and humanitarian intervention face the ambiguity of international law.

their use and application are very often a source of conflict.

Thus, we will see the problems between humanitarian intervention and the use of force under international law I- The different compatibility issues between humanitarian intervention and the prohibition of the use of force A- the issue of humanitarian intervention The concept of humanitarian intervention encompasses two different types of action.

firstly, it refers to unilateral armed action by states for the safeguarding of their nationals and such interventions may occur at their request or with the consent of the State in the territory of which they take place, but sometimes they are undertaken without the consent of the States in question. secondly, the term humanitarian intervention may refer to the action taken by a state on a foreign state in order to stop the treatment contrary to the laws of humanity that it inflicts on its own nationals.

it is a question of ensuring the protection of individuals who are not necessarily of the nationality of the state that intervenes.

such interventions often occur in the context of civil war where the authority of legitimate government may be incomplete.

the historical example of this type of intervention is that of the actions taken by the European powers towards Turkey in the 19th century part of this notion seems to consider that the purpose of humanitarian interventions could be justifiable and another party recognizes the right of states to protect their nationals in order to safeguard their people and not their property when there is a dangr for their lives and safety.

However, the humanitarian intervention does not have an express authorisation, but its condemnation is also not the subject of sufficient consensus to be found an opinio juris that would affirm the illegality of this form of intervention.. »

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