INTERVENTION

1) Introduction : The intervention prohibited by international law is actually defined as

dictatorial interference by a state in the affairs of another state. There are three different kinds of
intervention which are Internal, External and Punitive. There are few interventions which can be
justified by right and as such not a violation by the intervening State of the independence of
another.
2) What is Intervention : Intervention is dictatorial interference by a State in the affairs of
another State for the purpose of maintaining or altering the actual condition of things. Mere
friendly advice and general political influence do not strictly come under this term as essential
requisite of intervention are the use of force or a threat to use force is lacking in them. The
interference must take an imperative form - it should be forcible or backed by the threat of force
3) Provision in the United Nations Charter: Article 2 of the United Nations charter implicitly
prohibits intervention on the part of Individual State when it ordains the members to refrain in
the International relations from the threat or use of force against the territorial integrity or
political independence of any State. International Law, however, permits intervention as
dictatorial interference by one State in the affairs of another State, "only as reaction of former
against violation of its right by the latter. Such a doctrine is possible only if the
4) Kinds of Intervention
There are Three Different Kinds of Intervention which are as follows –
(I) Internal
(II) External
(III) Punitive
(I) Internal - It is the interference by one state between the disputing sections of the community
in another State either for protection of legitimate Government or the insurgent. In the year 1936
number of States intervened in the civil war of Spain.
(II) External -It is the intervention by one state in the relations --- generally of the hostile
relations--- of other States. It is, in other words, an intervention in the Foreign Affairs of another
State, such intervention being directed against hostile relations of such State. This kind of
intervention is tantamount to the declaration of War. The entry of Italy in the Second World War
siding with Germany against Great Britain provided an example of external intervention.
(III) Punitive - It is a punitive measure falling short of War and is in the nature of a reprisal for
an injury suffered at the hands of another State. It is frequently carried out by stronger Nations
towards weaker nations. A Pacific blocked to compel the observance of Treaty engagements or
to redress some breach of the law of affords an illustration of this type of intervention.
5) Grounds for Intervention:
1) Self-Preservation - The Supreme interest of the State overrides the law. The right of self-
preservation is more sacred than the duty of respecting the independence of other State. A state
has right to interfere in the affairs of another State where the security and immediate interests of
the former are compromised. Interventions, therefore, in order to ward off imminent danger to
the intervening State are justified by the force of Circumstances. The danger must be direct and
immediate, not contingent and remote.
2) Enforcement of 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 or neutrality of the
latter. Such intervention does not violate any right of independence because the State that suffers
has conceded such liberty of interference by treaty.
3) Grounds of Humanity - Another justification is based on the ground of humanity. Lawrence
observes that in the opinion of many writers such interventions are legal, but they cannot be
brought within the ordinary rules of International Law, which does not impose on States the
obligation of preventing barbarity on the part of their neighbors.
4) Balance of Power - The Doctrine of the necessity of a balance of power, observes Fenwick,
between the leading States as the basis of mutual self-protection, dominated the international
relations of the nineteenth century. Most of the interventions in the Balkan Peninsula should be
regarded as interventions in consonance with the policy of balance of power. Intervention on the
ground of prevention of the balance of prevention has been condemned by jurists of all ages.
5) Protection of Persons and Property - Protection of the persons, Property and interest of its
nationals may provide justification for intervention. The necessity for protection may arise due to
gross injustice or due to injury caused by unfair discrimination.
6) Intervention in Civil Wars -With the establishment of the United Nations, there is no
justification for intervention by the Individual States in the civil wars of other states. The
Charter of United Nations imposes an obligation upon States to refrain in the international
relations from the threat or use of force against the territorial integrity or political independence
of any State.
7) Collective Intervention - Collective intervention at the present time is in pursuance of the
provisions of the Charter of the United Nations, viz the enforcement action under the authority of
the United Nations Security Council in accordance with Chapter VII of the Charter.
8) Other Grounds -
a) If the State subject of the intervention has been guilty of a gross breach of International Law
in regard to the intervening State, for example -If it has itself unlawfully intervened.
b) Self Defence, if intervention is necessary to meet a danger of an actual armed attack.
c) In the affairs of a protectorate under its dominion;
d) To protect the rights and interests and the personal safety of its citizens abroad;