Tuesday, August 27, 2019
Human rights in armed conflict and the relationship between Essay
Human rights in armed conflict and the relationship between international criminal law and international use of force, and the r - Essay Example This paper will examine the legal framework within which the human rights of individuals and territorial rights of nations around the world is critically examined. The paper will examine the research question, the reconciliation of national sovereignty and non-intervention with humanitarian intervention to preserve human rights. To this end, the research will examine the position of national sovereignty and the prevention of military intervention as posited by UN law against humanitarian interventions. This will involve a critique of international laws and the prevention of military intervention. The limits of military intervention in areas like humanitarian intervention and the right to protect as defined in international law and its justification for intervention. International Law Against Interventions The United Nations was formed in 1945 as a response to the large scale human rights violations and destruction that came with World War II1. The primary essence of the UN was to ens ure that nations were created and structured in a way and manner that they would serve the real and true interests of the citizens and people it serves, not interest groups and individuals who had selfish interests. The United Nations came up with different views and different efforts to prevent foreign aggression and international wars that could potentially destroy nations and cause large-scale wars and destruction. This was done through the formation of the UN charter that created a context of a ââ¬Å"family of nationsâ⬠that were required to deal with issues and matters according to universal standards preserved by the United Nations which became the basis for international law and the foundation of international relations2. One of the approaches for achieving international peace was through a system of guaranteeing the rights of different nations around the world. This way, there was the guarantee that foreign nations could not just invade weaker nations as it was in the two World Wars. The two World Wars and other wars that created major regional and continental destabilization like the Napoleonic wars were because nations rose up against other nations. So the UN found it necessary to create laws that were meant to negate and prevent other nations from attaching others. Some of the core rules and core regulations of the UN were integrated into the UN Charter. The UN Charter was meant to create the framework for the regulation of nations. Thus, Article 1 of the UN Charter set the preamble of the United Nations, its composition and values. However, Article 2 moved to set out the core and fundamental principles that defined the UN. Article 2(4) of the UN stated explicitly that: ââ¬Å"All Members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the Purposes of the United Nationsâ⬠3 This article indicates that the UN renders international aggression by one nation against another through the use of force as illegal. This is because the UN needed a framework to define the interactions of nations. Hence, the article makes it illegal and wrong for any nation to rise against another through military force or violence. Another angle through which Article 2(4) can be critiqued is on the grounds of preserving the territorial sovereignty of
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