The doctrine or Principal of Non-Interference and humanitarian intervention and their legitimacy/illegitimacy in international law ofhuman rightshas long been a subject of debate and has captured a lot of attention. The critical issue in any debate on humanitarian intervention is the need to balance intervention with the principle of sovereignty, which in essence requires that a sovereign state be treated as an independent political unit, its territorial integrity be respected, and it be allowed to pursue its domestic affairs without external interference.
Indeed, the issue is a conflict between the ban on the use of force andrespectfor sovereignty on the one hand, and the duty to uphold and promote human rights on the other. (Negeri, 2011)Should the emphasis be on preventing the use of force between states and maintaining stable relations between them or does the protection of citizens’ fundamental rights deserve priority? The relationship between these two interests is complicated and need more attention and effort to do research and examine the topic itself.
This paper will address the tension between state sovereignty and humanitarian intervention. Both form an essential part of the international order based on the UN charter and both are of great importance. State sovereignty and Non-intervention in the internal affairs of other states One of the fundamental principles of a state or nation which acts as will to drives its affairs forward and gives some form of control over its domestic or territorial affairs is principle of state sovereignty.
It is the foundation of inter-state relations and the basis of the modern world order. Most of the basic standards, rules and practices of international relations have grounded on the premise of state sovereignty. The original meaning of sovereignty is related to the idea of supremacy. According to Wikipedia, Sovereignty is the full right and power of a governing body over itself, without any interference from outside sources or bodies. In political theory, sovereignty is a substantive term designating supreme authority over some polity. (Wikipedia contributors, 2018)
