التدخل الإنساني و قواعد القانون الدولي

الملخص EN

Humanitarian intervention has been defined as a forced act involving the use of armed forces by a State or group of States against another State without the consent of its Government, with or without authorization from the United Nations, for the purpose of preventing or stopping serious violations of human rights in that State.

Although the principle of non-interference in the internal affairs of states and the prohibition of the use of force found widespread support, many jurists supported the Grotius theory.

Even in the later period of the 19th century, the principle of humanitarian intervention gradually gained support.

Most jurists recognized The right to humanitarian intervention.

The question of the legitimacy or illegitimacy of the concept of humanitarian intervention depends on the extent of its agreement or conflict and the rules of international law.

Since humanitarian intervention involves the use of military force by one or several States outside the framework of international organization, it aims to stop repressive practices of a regime The humanitarian intervention directly clashes with the principle of the use of force in the international relations provided for in the international relations set forth in the United Nations.

There are also those who claim that humanitarian intervention is a collective legal defense, while some argue that the failure of the security system Collective that s On the basis of which the United Nations was established and its inability to put an end to violations of human rights, the concept of humanitarian intervention, which constitutes a subsequent practice (new custom), has been amended to prohibit the use of force under the Charter.

Humanitarian intervention and the principle of the prohibition of the use of force.

The second topic: humanitarian intervention and international custom