The scope of the legitimacy of intervention in the framework of international law from the perspective of the International Court of Justice

Authors

  • Dawod Salman Abed ,Ammar Essa Kareem ,Nayif Ahmed Dhahi

Keywords:

legitimacy, international law, framework, International Court

Abstract

The topic of our research deals with "the scope of the legitimacy of interference in the framework of international law from the perspective of the International Court of Justice", that is, the true extent of the cases of legitimacy of interference in the field of international law according to the view of the International Court of Justice. The problematic issue of this issue stems from the absence of a specific standard by which the legitimacy of cases of interference can be limited to the framework of international law. What is the perspective and opinion of the International Court of Justice of the cases of legitimacy of the intervention? Are these cases the exception to the original (prohibited interference)? Or are these cases more than just exceptions, according to the opinion of the International Court of Justice? To demonstrate this specifically, we divided the research into an introduction and two requirements: the first, to indicate the prohibited intervention in accordance with the view of the International Court of Justice, and the second, to define the legitimate cases of intervention in accordance with the opinion of the International Court of Justice. The conclusion included an important number of findings and recommendations in this regard, the most prominent of which are: the International Court of Justice's approval of prohibited interference in the internal affairs of states as an asset, and this court not only criminalized direct intervention but also prohibited indirect intervention by supporting destructive activities in the country in which internal conflicts occur. Then the International Court of Justice affirmed that if the basic principle is that each intervention is considered prohibited intervention under international law, however there are exceptions to this origin that include the state of interference under the pretext of legitimate defense, and the state of humanitarian intervention. In these cases, the intervention is legitimate, according to well-defined conditions, and without expansion, by the International Court of Justice.

Downloads

Published

2021-12-07