The Duty Not to Intervene in Matters within Domestic Jurisdiction

Author(s):  
Dire Tladi
1946 ◽  
Vol 8 (4) ◽  
pp. 528-532
Author(s):  
Quincy Wright

The United Nations is a transitional organization. It includes in its structure aspects of several types of world organization. The privileged position of the great powers suggests that it is a world empire governed by these powers.The broad principles stated in the preamble and the first two articles providing for pacific settlements of disputes, forbidding aggressive wars, requiring cooperation in suppressing such war, encouraging international cooperation, and protecting the domestic jurisdiction of all states suggests that the United Nations may rely primarily on moral principles. The fact that there are five great powers, each with a veto vote on the use of sanctions, suggests that the success of the organization depends upon maintaining a balance of power among these states. Finally, the provisions concerning human rights and cooperation for human welfare through the Economic and Social Council, together with the important position given the International Court of Justice, look in the direction of world federation.


Author(s):  
Charles B.A Ubah ◽  
Osy E. Nwebo

The principle of domestic jurisdiction in international law makes national governments responsible for protecting their citizens, investigating alleged abuses of human rights in their countries and bringing the perpetrators to justice. They governments may also extradite those accused of abuse of human rights to any other states prepared to give them a fair trial. Problem arises however, when governments are unable or unwilling to perform this duty or are themselves perpetrators of these crimes. Thus, millions of people have fallen victims of genocide, crimes against humanity and serious violations of humanitarian laws. But only very few of these perpetrators have been brought to justice in national courts as many governments claim sanctuary under the principle of domestic jurisdiction. The need therefore arises for the international community to act in order to protect helpless or defenseless citizens from being victims of crimes against humanity and human rights abuses, by bringing the perpetrators of these crimes to justice. The thrust of this article therefore, is that the creation of the International Criminal Court (ICC) fills this void by fulfilling a central and pivotal goal in international jurisprudence. This article, therefore, provides insights and lessons into the history and prospects of the International Criminal Court. These are insights and lessons that are too important and too costly to ignore in the 21st century understanding of international criminal justice system.


1996 ◽  
Vol 14 (2) ◽  
pp. 127-145
Author(s):  
Reinhard Marx

The human rights movement has never accepted that human rights belong to the domestic jurisdiction, but the new model of peacekeeping, which to some extent is based on a human rights component, causes severe problems for the movement, particularly because of its selectivity and its often biased implementation. This obstacle to an impartial combat against massive human rights violations and a wide range of other problems make it difficult for the movement to develop a consistent and plausible policy on peacekeeping. Although the international community may have good reasons to deploy soldiers in order to save lives and to bring an end to genocide, a supportive attitude by the human rights movement may jeopardise its principles of impartiality and non-violent campaigning and hence weaken the system of protection of human rights. But it has to be underscored that massive human rights violations will cause a moral dilemma for the movement if it cannot justify its neutral position on compelling grounds.


1961 ◽  
Vol 55 (1) ◽  
pp. 29-44 ◽  
Author(s):  
John M. Howell ◽  
Robert R. Wilson

The United Nations Security Council in a resolution passed on August 9, 1960, reaffirmed that “the United Nations force in the Congo will not be a party to or in any way intervene in or be used to influence the outcome of any internal conflict. …” A Commonwealth state, Ceylon, was a cosponsor of this precedent-making resolution. A few weeks earlier the Government of Malaya had announced a boycott on South African goods in protest against South Africa’s racial policy, another dispute involving a domestic jurisdiction plea. Commonwealth members have been parties to approximately half of the disputes in League of Nations or United Nations history that are fairly classifiable as involving pleas of domestic jurisdiction. These recent actions of Ceylon and Malaya suggest that the newer members of the Commonwealth will be no less active in shaping the domestic jurisdiction concept than the older members have been.


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