HUMANITARIAN INTERVENTION AND TERRITORIAL SOVEREIGNTY: TWO INCOMPATIBLE PRINCIPLES IN INTERNATIONAL LAW

Alfred ABHULIMHEN-IYOHA

Abstract


Humanitarian intervention and territorial sovereignty are separate and invaluable principles in international law.There are the unrepentant apostles of both principles on both sides. Some said that nations are supreme withintheir boundaries; while humanitarian interventionists strongly believe that humanitarian intervention ispermissible on good ground, where such violates territorial sovereignty to curb human rights abuses. There aresome crossroads inherent in the applicability of both principles. Accordingly, this paper examines the nature ofthe principles of territorial sovereignty and humanitarian intervention, evaluates instances there have beenhumanitarian intervention in territorial sovereignty, as well as the crossroad usually experienced when bothprinciples intermix with one another. It was the findings of this paper amongst others that some nations onlycarry out humanitarian intervention activities based on their self interest. While others fan domestic /crises, aswell as support autocratic governments/warring groups for their hidden agenda, illicit arms trade, foreigninvestment protection etc within the targeted nations. That humanitarian intervention in territorial sovereignty islegally justifiable in certain circumstances. It was recommended amongst others that the United Nations shouldput in motion measures to tackle the challenges associated with humanitarian intervention. Good governanceshould be encouraged in nations of the world. Various governments should administer their nations, well and notcreate problems that will necessitate the international community from infringing on their territorial sovereigntyunder the disguise of humanitarian intervention.

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