![]() ![]() The non-intervention principle, insofar as it concerns non-forcible interventions, thus relates to the element of sovereignty under which states are entitled to exercise their state powers independently and free from interference from other states. those over which the state has exclusive authority, including a state’s political, economic, social and cultural systems. Under the non-intervention principle, the coercion must take place in relation to ‘matters of an inherently sovereign nature’, i.e. 141 The two elements of the non-intervention principle are analyzed below. 140 This paper uses the term ‘intervention’ in the sense of coercive intervention in the internal or external affairs of another state. ![]() The terms ‘interference’ and ‘intervention’ are sometimes used interchangeably for example, China’s Five Principles of Peaceful Co-Existence include ‘mutual respect for sovereignty and territorial integrity’ and ‘non-interference in each other’s internal affairs’. Much depends on context, and even on the state of relations between the stat es concerned’. Outside the area of use of force, ‘it is often unclear what is, and what is not, prohibited under customary international law. 138 Since the dispute in question primarily concerned forcible intervention, the court did not opine in any detail on how intervention and coercion might be defined outside the use of force context. ![]() The ICJ’s d icta on the non-intervention prohibition in Nicaragua should not be read prescriptively since the ICJ was clear that, ‘the Court will only define those aspects of the principle which appear to be relevant to the resolution of the dispute’. One of these is the choice of a political, economic, social and cultural system, and the formulation of foreign policy’. in relation to ‘matters in which each State is permitted, by the principle of State sovereignty, to decide freely.coercion by one state of another state.The ICJ held that the non-intervention principle (outside the context of use of force) applies to one state’s actions in relation to another state where two elemen ts are present: Nevertheless, the ICJ in Nicaragua provided some useful guidance. 136 It applies both to interventions by force and non-forcible interventions, but its content is not clearly defined outside the context o f use of force.Ĩ1. Despite being codified in various international agreements and documents, the prohibition on non-intervention has been described by scholars as vague and ‘elusive’. ![]() The ICJ said in Nicaragua that the non-intervention principle is ‘part and parcel of customary international law’, notwithstanding the fact that ‘examples of trespass against this principle are no t infrequent’. 133 The principle is set out in many international law sources, 134 and is grounded in Article 2(7) of the Charter, which prohibits the UN from intervening in ‘matters which are essentially within the jurisdiction of any state’. The prohibition on intervention is an inter-state doctrine, and does not apply to intervention by or in relation to the activities of non-state groups unless the activities of the non-state groups can be attributed to a state under the rules of attribution in international law. 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. No State or group of States has the right to intervene, directly or indirectly, for any reason whatever, in the internal or external affairs of another State. The 1970 Declaration on Principles of International Law concerning Friendly Relations and Cooperation among States in accordance with the Charter of the UN (Friendly Relations Declaration) provides that: The members of the UN GGE accepted that the prohibition on non-intervention applies in principle to states’ cyber operations in another state below the threshold o f use of force.ħ8. This chapter analyses the principle and considers how it applies to states’ cy ber operations. The members of the UN GGE accepted that the prohibition on non-intervention applies in principle to states’ cyber operations in another state below the threshold of use of force. 131 It derives from and safeguards the general principle of sovereignty. The non-intervention principle is the corollary of every state’s right to sovereignty, territorial integrity and political independence. ![]()
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