Title: Proper authority and international authorisation
Abstract:Legal scholars are split as to whether the UN Charter confers a right of humanitarian intervention upon the Security Council. Those convinced that it does typically cite the article which empowers the...Legal scholars are split as to whether the UN Charter confers a right of humanitarian intervention upon the Security Council. Those convinced that it does typically cite the article which empowers the Security Council to sanction the use of force in response to ‘any threat to the peace, breach of the peace, or act of aggression’. Their antagonists deny that this translates into a right of intervention. ‘The peace’, they say, refers specifically to the peace between states, which is not threatened by human rights abuses that occur entirely with a sovereign state’s borders. A common response is that the Charter leaves it to the Security Council to determine what constitutes a ‘threat to the peace’, and the nature of the peace to which this refers. But what of Article 2(7), which explicitly disclaims any authority of the United Nations to ‘intervene in matters which are essentially within the domestic jurisdiction of any state’? Apparently this has no bearing on the issue, since the violation of human rights is not something that is ‘essentially within the domestic jurisdiction’ of individual states; it is the legitimate concern of the international community. The debate rages on.Read More
Publication Year: 2011
Publication Date: 2011-10-27
Language: en
Type: book-chapter
Indexed In: ['crossref']
Access and Citation
AI Researcher Chatbot
Get quick answers to your questions about the article from our AI researcher chatbot