International Law and the Principle of Non-Intervention

The principle of non-intervention is one of the most venerable principles of international law. Although not expressly mentioned in the Charter of the United Nations, at least as an inter-state prohibition, the principle currently appears in a plethora of treaties and UN General Assembly resolutions and has been invoked by states of all geographical and political denominations. Despite this, the determination of its exact content has remained an enigma. International Law and the Principle of Non-Intervention: History, Theory, and Interactions with Other Principlessolves this enigma by exploring what constitutes an 'intervention' in international law and when interventions are unlawful. These questions are approached from three different perspectives, which are reflected in the book's structure: historical, theoretical, and systemic. Through a comprehensive survey of primary documents and of over 200 cases of intervention from the mid-18th century to the present day, as well as an extensive literature search, this work provides an in-depth analysis of the principle of non-intervention which links it to fundamental notions of international law, including sovereignty, use of force, self-determination, and human rights protection.

Auteur
Marco Roscini is Professor of International Law at the University of Westminster and Swiss Chair of International Humanitarian Law at the Geneva Academy of International Humanitarian Law and Human Rights. He has a PhD in International Law from Sapienza University of Rome and has published widely in the field of international security law.

Texte du rabat

This book provides a systematic analysis of the principle of non-intervention from a historical, theoretical, and systematic perspective. Roscini argues that the principle is strictly linked to some fundamental notions of international law, such as sovereignty, use of force, self-determination, and human rights protection.

Contenu

• Introduction

• I: The Development of the Principle of Non-Intervention from the End of the Religious Wars in Europe to the Outbreak of the Second World War

• II: The Principle of Non-Intervention in the Framework of the Sources of Contemporary International Law and in the Current Scholarly Debate

• III: The Content of the Principle of Non-Intervention

• IV: The Application of the Principle of Non-Intervention in Civil Strife and the Role of Consent

• V: The Interaction Between the Principle of Non-Intervention and that of Internal Self-Determination

• VI: The Interaction Between the Principle of Non-Intervention and That of External Self-Determination

• VII: The Interaction Between the Principle of Non-Intervention and Respect for International Human Rights Law and International Humanitarian Law

• VIII: The Principle of Non-Intervention in the Information Age: Cyber Operations as a New Means of Coercion in the Domestic Affairs of States

• General Conclusions