Sunday, September 5, 2010

An Alternative Solution to Non International Armed Conflict

 Post Second World War, maintenance of international peace and security emerged as the core mandate for international community. In furtherance of this mandate, United Nation was established. One of the ostensible purposes of establishing this body was to negate threats amounting to international armed conflicts. [Hereinafter I.A.C.] Henceforth the development of international law centered around the concept of I.A.C. as a substantial threat to overcome. The question regarding the success ratio of United Nations to meet its aforesaid objective is still open. At this point it is pertinent to note that non-international armed conflict [Hereinafter N.I.A.C.] as a threat was overlooked by the United Nations. The stats show that 97% of the total conflicts, post second world war, are in the nature of N.I.A.C. This problem of N.I.A.C. is much greater in magnitude in comparison with I.A.C. The question which United Nations now faces is whether it can intervene in N.I.A.C.?
The cardinal principles of International law are state sovereignty and territorial integrity, which have express recognition in the operative provisions of United Nations Charter. These principles include non-intervention in the internal affairs of the member states of United Nations. Article 2 paragraph 4 furthers this cause by prohibiting states from using force against the territorial integrity or political independence of other states. United Nation itself is not protected from the ambit of principle of non-intervention through the operation of paragraph 7 of Article 2 of UN Charter. This article prohibits United Nations from intervening in matters which are essentially within the domestic jurisdiction of any member state. The exception to the aforesaid prohibition finds its place in the Chapter VII Article 39 which authorizes United Nations to intervene in the form of enforcement measures. It states that “the Security Council shall determine the existence of any threat to the peace, breach of the peace, or act of aggression and shall make recommendations, or decide what measures shall be taken in accordance with Articles 41 and 42, to maintain or restore international peace and security”. This clearly points out that international law authorizes United Nations intervention in situations of armed conflict of non international character. Such authorization, if allowed, will empower the United Nations to play a pivotal role in the negating Naxalism problem and other N.I.A.C. in India. For an abstraction, United Nations can act as a mediator between the State and the non-governmental players in N.I.A.C. They can exercise a power similar to that of suo moto cognizance to mediate or advice the parties at conflict. This would protect the sanctity of international peace by avoiding recourse to arms. The solution lies in words not wars.

Arjun Mehra
B.B.A.LL.B. 3rd Year

No comments:

Post a Comment