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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