International Law

“Intervention”

1. Introduction:
When one state interferes in the affairs of another state through
force then as a reaction against this violation, international law
permits intervention. It is forcible and without the consent of the
state where in the intervention is done. General Assembly of the
United Nation has made non-intervention a duty of all the states.
Intervention may affect internal or external affairs of another
state.

2. Meaning of Intervention:
The term “intervention” is used by some writers in the expression
“subversive intervention” to denote propaganda or other activity
by one state into the affairs of another state.

3. Definition of Intervention:
➢ According to Oppenheim;
“Intervention is dictatorial interference by a state in the affairs of
another state for the purpose of maintaining or altering the actual
conditions of things”.

4. Form of Intervention:
Intervention may be diplomatic or military.

5. Kinds of Intervention:
Intervention has following kinds;
 ➢ Internal intervention
➢ External intervention
➢ Punitive intervention
➢ Subversive intervention

6. Elements of Intervention:
Elements of the intervention are as under;
➢ Forcibility or use of force
➢ Without consent
➢ By a State
➢ Against a State

7. Object of Intervention:
Object of intervention is to make the conditions according to the
wishes of intervening state.

8. Grounds for Intervention under International Law:

Following are grounds for intervention which are permitted under
international Law;
(I) Self Defence:
According to Oppenheim use of force in self defence is
justified where it is necessary for self-preservation.

(a) Conditions:
The right of self defence is available subject to the
conditions as under;
(i) There should be arm attack.
(ii) Report should be made to security council.
(iii) There shall be no effect on security council
responsibility for keeping peace.
 (iv) Right of self defence exits until security council has
taken any action.
(v) This right is not available against non-member of
UN.

(II) Intervention to Protect Persons and Property:

State can interfere on the ground to protect the persons and
property.

(III) Intervention for Balance of Power:

It was permitted in the past but after the establishment of
United Nation, no state can intervene in the internal and
external affairs of other state.

(IV) Intervention to Maintain International law:

It was permitted before the establishment of UN. Now
intervention against violation of international law is not
permissible.

(V) Intervention for Enforcement of Treaty Rights:

A state is justified to interfere the external or internal affairs
of other state for the enforcement of rights of treaty. Unted
Nation does not recognize this intervention.

(VI) Intervention by Invitation:

A legitimate government may invite the forces of another
state on its land for any lawful purpose and usually in case
of civil war such intervention may by invited.

(VII) Intervention on Humanitarian Ground:

 Humanity is also justification for intervention by a state.
When human rights are openly violated, other states can
interfere to check violation of human rights. It is
controversial question as to whether after the enforcement
of charter of UN, intervention is lawful or not. Now this type
of intervention is not possible under international law.

9. Present Position Under United Nation Charter:

Now under United Nation Charter intervention cannot be justified
on any ground. The charter has prohibited the use of force by a
state in the affairs of another state by virtue of Article 2 para 4. All
members states shall refrain in their International Relations from
the threat or use of force against the territorial integrity or
political independence of any state or in any other manner in
consistent with the purposes of the United Nation.

10. Conclusion:
To conclude that intervention is a dictatorial interference by a
state in the affairs of other state. It may be diplomatic or military.
Intervention is a rule forbidden by international law but there are
exceptional cases where a state can intervene in the affairs of
other state.