Humanitarian intervention and territorial sovereignty: the dilemma of two strange bedfellows

• Published in: The international journal of human rights 2010-05, Vol.14 (3), p.407-424
• Main Author: Enabulele, A. O.
• Format: Article
• Language: English
• Subjects: Collectives; Conceptualization; Dilemmas; Human Rights; Human rights violations; Humanitarian Intervention; Humanitarianism; International Law; international law and collective measures; Law; Legal norms; Norms; Sovereignty; territorial integrity; Territorial issues; Territoriality; United Nations; Violations; War
• ISSN: 1364-2987; 1744-053X
• DOI: 10.1080/13642980802535393

Over time and through history the main function of international law has been to preserve the distinct existence of each independent state and provide, as an alternative to war, machineries for pacific settlements of disputes. Towards this end, international law prohibits the use of force against the territorial integrity of another state, except in the manner and under circumstances permitted by law. These permissible limits are contained in the Charter of the United Nations - force could only be used in self defence under article 51 or for enforcement of collective measures under Chapter VII. The enlarged interest of international law in matters of human rights, have on many occasions led to a violation of the territorial integrity of some states by other states for the purpose of halting human rights violations in those other states - humanitarian intervention. Whenever this occurs, its legality is automatically called into question. There are those who argue that the violation of territorial integrity for the purpose of human rights enforcement is within the permissible exclusion; but this argument is trenchantly challenged by those who believe that humanitarian intervention falls within the prohibited degrees of territorial violation. This article contributes to the arguments, and challenges the view that humanitarian intervention is permissible under international law.