Non-intervention in the internal or external affairs of other States

5.4.1 General

Principle of non-intervention in the affairs of other States is one of the most essential tenets of the ‘Grotian’ classical model of international community.

The principle has been enshrined in specific customary rules:

· Prohibition of a state from interfering in the internal organisation of the foreign State (i.e. deciding which ministry is best equipped to deal with a certain question)

· State is not allowed to bring pressure to bear on specific national bodies of other countries (e.g. legislature, judiciary, police)

· May not interfere in the relations between foreign government authorities and their own nationals

· State must refrain from instigating, organizing, or officially supporting the organization on their territory of activities prejudicial to foreign countries (but this does not cover subversive activities carried out by private persons without authorization of state).

· Whenever a civil war breaks out in a foreign country, States are duty-bound to refrain from assisting insurgents, unless they qualify for status of a national liberation movement

Pre-1945 – these rules were in force, but a state could choose not to follow them if they thought their interests over-rode the rules (e.g. a state could intervene in affairs of another state if it thought it was under threat from that state).

Post-1945 – these principles have renewed importance, particularly to some states, due to:

1. Introduction of far-reaching legal restraints on use or threat of force

2. Drive towards international co-operation, which entailed expansions of inter-governmental organizations which by definition meddle in internal affairs of states, and encourage states to determine exactly which areas of their affairs were immune from any intervention

3. Spread of human rights doctrines, with the ensuing possibility for states and others to press for compliance with human rights standards

Principle of non-intervention а bridge between traditional sovereignty-orientated structure of int’l community and new attitude of States, based on social intercourse and co-operation

5.4.2 New Forms of Intervention

Does the ban on interference in internal affairs include economic pressure or coercion, political destabilization, instigating, fomenting and financing unrest? What about more subtle forms of pressure, such as radio propaganda, economic boycott, influencing int’l monetary and financial institutions and stifling views of weaker states in those bodies?

Economic pressure:

· Decision to withhold economic assistance to developing countries or int’l aid agencies is not an infringement, if decision is motivated by difficulties in granting State or change in policy motivated by domestic jurisdictions

· However, economic measures “designed to coerce another state in order to obtain from it the subordination of the exercise of its sovereign rights and to secure from it advantages of any kind” (principle III of UN Declaration of1970, para. 2) may be run counter to principle of non-interference.

These issues were subject of big debate during Cold War (1960s and 1970s).

· Socialist and developing countries argued that economic pressure violated rights to non-interference.

· Western States denied this, arguing that int’l law only prohibits intervention by force or by threat of force, and felt that states remained free to influence the policies and actions of other countries.

One area of agreement between West and Socialist and developing countries:

Ш Prohibition of toleration by State A of subversive activities against other states organized in territory of state A.

[5.6 – 5.10]

Part II: Creation and Enforcement of International Legal Standards

6 International law-making: Customs and Treaties