Abstract
Military intervention is defined as forcible meddling in state affairs. This intervention can take many different forms, including political or military action, as well as direct or indirect intervention. International law is largely concerned with the prohibition of dictatorial or coercive meddling in state affairs. Military intervention has piqued scholarly attention since the Cold War's conclusion, and it has been proven that various cases of the usage of force or the menace to apply force were lawful in the lack of a Security Council resolution. Nonetheless, since the Cold War's end, issues of dominance and non-intervention have been called into question by the emerging human rights rhetoric, which has used the benefit of the big powers to engage in the concerns of weaker nations. Through the Charter of the UN, it is clear that the international military intervention under Chapter VII is not an advantage to the Security Council Rather; it is a legal obligation subject to international law to attain safety and harmony for all the peoples in this world. Through the Charter of the UN also, must respect the aims and rules of international law when deciding military intervention against a state or entity in the international community away from the political objectives that achieve the interests of powerful countries. The decision to engage in military intervention against a non-state entity or another state is a tough and complex one that involves a plethora of moral, political, legal, economical, and logistical concerns for a state to measure. Therefore, this research focused on the military intervention in international law and practices, study provided a comprehensive and specialized legal study on military intervention subject, in which study provides analysis on the historical background, types, objectives, legality and legitimacy of military intervention in international law comparable with international practice and make proposals to develop a clear legal framework for military intervention to ensure the realization of the main objectives of military intervention that set in UN Charter and international law away from the influence of the majors' powers that aim to achieve their own goals through military intervention within the framework of the UNSC. Keywords: Military Intervention, International Law, International Practice, UN Charter, International Peace and Security. DOI: 10.7176/JLPG/117-04 Publication date: January 31 st 2022
Highlights
IntroductionMilitary interventions in operation are defined as “the movement of regular troops or forces (airborne, seaborne, shelling, etc.) of one country inside another, in the context of some political issue or dispute”[1]
Military interventions in operation are defined as “the movement of regular troops or forces of one country inside another, in the context of some political issue or dispute”[1]
This study will be a comprehensive and specialized legal study on military intervention subject, which will analyse the historical background, types, objectives, legality and legitimacy of military intervention in international law compared with international practice and make proposals to develop a clear legal framework for military intervention to ensure the realization of the main objectives of military intervention that set in the international law and UN Charter away from the influence of the majors' powers that aim to achieve their own goals through military intervention within the framework of the UNSC
Summary
Military interventions in operation are defined as “the movement of regular troops or forces (airborne, seaborne, shelling, etc.) of one country inside another, in the context of some political issue or dispute”[1]. Following the events of September 11, 2001 (9/11), there appears to have been another important shift in which the focus appears to have shifted back to military action This new activism represents a globalization of the human conscience, which has been long overdue; for others, it represents an unsettling violation of an international system based on state sovereignty and the sanctity of their zone. The only significant difficulty is guaranteeing that involuntary interventions are operative; for others, debates concerning the legality procedure and the potential misapplication of law practice play a larger role. This dispute exposed some major schisms in the worldwide society. Most patterns of military involvement have been abandoned in favour of combating terrorism and defending democracy[3]
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