För att avsluta mitt förtydligande vad gäller Internationell lag.
http://en.siis.org.cn/index.php?m=content&c=index&a=show&catid=58&id=97
I. Non-intervention Principle in International Law
Citat:
Non-intervention in the Internal Affairs refers to that “states shall not intervene in any form or for any reason directly or indirectly whatsoever in the internal or external affairs of any other state within the sovereignty jurisdiction in international relations, international organizations shall not intervene in matters which are essentially within the domestic jurisdiction of any member states.”[①]
The Principle of Non-intervention in the Internal Affairs is one of the earliest principles in international law which has been stipulated as early as 1793 in French Constitution. In fact, “as a basic principle of international law, the Principle of Non-intervention in the Internal Affairs, has been reflected in various international legal documents.”[②] For instance, Article 15 (8) of the Covenant of the League of Nations stipulates, “If the dispute between the parties is claimed by one of them, and is found by the council, to arise out of a matter which by international law is solely within the domestic jurisdiction of that party, the Council shall so report, and shall make no recommendation as to its settlement.” Compared with the Covenant of the League of Nations, the Principle of Non-intervention in the Internal Affairs has developed a lot in the Charter of the United Nations.[③] Article 2 (7) of it stipulates, “Nothing contained in the present Charter shall authorize the United Nations to intervene in matters which are essentially within the domestic jurisdiction of any state or shall require the Members to submit such matters to settlement under the present Charter; but this principle shall not prejudice the application of enforcement measures under Chapter VII.”
In 1970, the United Nations General Assembly adopted Declaration on Principles of International Law Concerning Friendly Relations and Co-operation among States in accordance with the Charter of the United Nations in a unanimous way, solemnly declared seven principles including the principle of non-intervention in the internal affairs. The Declaration declares: “No State or group of States has the right to intervene, directly or indirectly, for any reason whatsoever, in the internal or external affairs of any other State. Consequently, armed intervention and all other forms of interference or attempted threats against the personality of the State or against its political, economic and cultural elements, are in violation of international law. ” It is the first time for the international community to enumerate and confirm basic principles of international law through declaration on the United Nations General Assembly. It is of great significance for all nations to abide by international law and fulfill the purposes and principles of the UN Charter. Some scholars believe that Declaration on Principles of International Law Concerning Friendly Relations and Co-operation among States in accordance with the Charter of the United Nations “have direct legal effect as authoritative interpretation and application of principles of the Charter of the United Nations”.[④]
In addition, in 1946 the Draft Declaration on the Right and Duties of States adopted by the General Assembly listed explicitly in Article 3 that “Every State has the duty to refrain from intervention in the internal or external affairs of any other State.” In 1965, Declaration on the Inadmissibility of Intervention in the Domestic Affairs of States and the Protection of Their Independence and Sovereignty proclaimed that “No State has the right to intervene, directly or indirectly, for any reason whatsoever, in the internal or external affairs of any other State. Consequently, armed intervention and all other forms of interference or attempted threats against the personality of the State or against its political, economic and cultural elements are condemned.” The Declaration on the Inadmissibility of Intervention and Interference in the Internal Affairs of States adopted by the General Assembly in 1981 solemnly declared that “No State or group of States has the right to intervene or interfere in any form or for any reason whatsoever in the internal and external affairs of other States”; “Considering that full observance of the principle of non-intervention and non-interference on the internal and external affairs of States is of the greatest importance for the maintenance of international peace and security and for the fulfillment of the purposes and principles of the Charter.” The Declaration on the Enhancement of the Effectiveness of the Principle of Refraining from the Threat or Use of Force in International Relations in 1987 restated that “Every State has the inalienable right of to choose its political, economic, and social and cultural systems without interference in any form by another State;” “States have the duty to abstain from armed intervention and all other forms of interference or attempted threats against the personality of the State or against its political, economic and cultural elements.”
It is worth noting that the Principle of Mutual Non-interference in each other’s Internal Affairs included in the Five Principles of Peaceful Co-existence jointly proposed by China, India and Myanmar in the 1950s not only reiterate but also further develop the Principle of Non-intervention in the Internal Affairs. The Principle of Mutual Non-interference in each other’s Internal Affairs emphasizes that no State or group of States has the right to intervene or interfere in any form or for any reason whatsoever in the internal and external affairs of other States; every State has the right to choose its political, economic, and social and cultural systems without interference in any form by another State; States shall not organize, assist, incite subversion or terrorism aiming at overthrowing regime of other States or intervening or interfering in the internal and external affairs of other States.
För att summera.
1. FN säger att inga länder och organisationer ska intervenera i interna konflikter hos andra länder. Undantag görs endast om det utgör hot mot Internationell säkerhet och då måste det gå via FNs säkerhetsråd. I Syrien har detta inte skett.
2. Detta är en historisk princip som dessutom röstats igenom i FNs generalförsamling.
3. Vi har historiska fall i FN där FN fördömt när länder intervenerat militärt i andra länders interna problem, även om det rörde sig om existerande regeringar som kalla på militär hjälp såsom i Ungern och Afghanistan.
