Civil War
The International law stands on two cornerstones of the Codified Law and Customary Law. The Codified Law is represented by the UN Charter that embodies the norms of sovereignty and non-interference in the domestic affairs of the state and contrary to this the Customary law progressively stresses upon the safeguarding of human rights and the security and well being of the individual. Taking into consideration the present situation and emerging norms on intervention, there appears to be two isolated but associated principles on the basic unacceptability of genocide, war crimes and crimes against humanity, to illustrate, the establishment of International Criminal Court and secondly a wider principle emphasizing the significance of the non-use of coercive force so as to allow resolving the clashes internally. The quest for the reasons behind the intervention is necessitated more intensive thought to reveal out the possibly criterion for justifying the intervention as convergence points of the international consensus and customary law. (Pugwash Study Group on Intervention, Sovereignty and International Security)
Demarcating such guidelines could also assist in instituting common ground between quite conflicting international perspectives on the comparative weight accorded to the sovereignty vs. intervention, so that the emerging intervention attracts extensive international support. Four such criteria justifying the international interventions is viewed which are as follows: 1) the incidents of gross and systematic abuse of human right even involving genocide that to illustrate, occurred in Cambodia and Rwanda; 2) in case of the suppression of the clearly represented will of the majority, like the overthrow of the democratically-elected government in Haiti or the embarrassment of the clearly represented will of the majority like the deposing of the democratically-elected government in Haiti or the repression of an internationally mandated term of self fortitude, as is in East Timor; 3) in cases of failure states where the central administration is not active and the civilian mass is at the compassion of the militias, warlords and criminal gangs as in Somalia, Liberia, Sierra, Leone etc.; 4) in case of the incidences depicting illegitimate and inhuman use of power by one side or the other at the time of a civil war involving a challenge at secession and/or ethnic/religious self-determination.
The United Nations is taken to be the best agency to provide legitimacy to intervention. Even Russia and China admitted that UN Security Council only has the legal sanction for interventions. However, more often UNSC activity is hindered by the veto exerted by superpowers. The effectiveness of the military intervention is judged on many grounds. A stringent welfare strategy to assess a successful intervention is on the basis of (a) the number of lives saved (b) the assistance of generating post-conflict political stability. It has been advocated that the efficacy of the intervention is adjudged on the achievement of goals of the intervention that in turn depends upon six other factors like operational strategy, motives, capabilities, coordination, timing and objectives. (Pugwash Study Group on Intervention, Sovereignty and International Security)
The UN Security Council obtains its power to intervene in disputed situations from the Chapter 7 of the United Nations Charter that entails that the Security Council may extend any sort of measures as may be essential to eliminate any risk to the peach, violation of peace, or the activities of aggression. However, the article 27 of the charter seriously degrades the efficacy of the Security Council, by indicating that all conclusions on non-procedural matters are to...
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