Book contents
- Frontmatter
- Contents
- Preface
- Table of cases
- Table of treaties
- Table of Security Council resolutions
- Table of General Assembly resolutions
- Abbreviations
- 1 The framework
- 2 The preconditions of a NIAC
- 3 Thresholds and interaction of armed conflicts
- 4 Insurgent armed groups and individuals
- 5 Foreign intervention in a NIAC
- 6 Recognition
- 7 State responsibility
- 8 The principal LONIAC treaty provisions
- 9 Additional treaty texts
- 10 NIAC war crimes
- 11 LONIAC customary international law
- 12 LONIAC and human rights law
- Conclusions
- Index of persons
- Index of subjects
- References
5 - Foreign intervention in a NIAC
Published online by Cambridge University Press: 05 September 2014
Book contents
- Frontmatter
- Contents
- Preface
- Table of cases
- Table of treaties
- Table of Security Council resolutions
- Table of General Assembly resolutions
- Abbreviations
- 1 The framework
- 2 The preconditions of a NIAC
- 3 Thresholds and interaction of armed conflicts
- 4 Insurgent armed groups and individuals
- 5 Foreign intervention in a NIAC
- 6 Recognition
- 7 State responsibility
- 8 The principal LONIAC treaty provisions
- 9 Additional treaty texts
- 10 NIAC war crimes
- 11 LONIAC customary international law
- 12 LONIAC and human rights law
- Conclusions
- Index of persons
- Index of subjects
- References
Summary
The principle and the practice
In theory, there is an overarching principle of non-intervention in NIACs by foreign States. Paragraph (2) of Article 3 of AP/II (cited supra 10) states:
Nothing in this Protocol shall be invoked as a justification for intervening, directly or indirectly, for any reason whatever, in the armed conflict or in the internal or external affairs of the High Contracting Party in the territory of which that conflict occurs.
The same formula is repeated in Paragraph (5) of Article 22 (cited supra 25) of the Second Protocol to the CPCP.
As can be gleaned from the wording of Paragraph (2) of Article 3 of AP/II, non-intervention is a general principle of international law, and it is not NIAC-specific. The general principle is encapsulated in the 1970 Friendly Relations Declaration adopted by consensus by the General Assembly. In the 1986 Nicaragua Judgment, it was accentuated by the ICJ that the principle of non-intervention, involving ‘the right of every sovereign State to conduct its affairs without outside interference’, is ‘part and parcel of customary international law’.
- Type
- Chapter
- Information
- Non-International Armed Conflicts in International Law , pp. 74 - 94Publisher: Cambridge University PressPrint publication year: 2014
References
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