Can one country invade another because they don’t like its government? The answer is no. International law prohibits it, and here’s why.
Charter is crystal clear: it forbids the use of force or the threat against the sovereignty of any State. It also establishes the obligation to settle disputes peacefully.
International law also recognizes the right of every country to choose its own political, economic, social, and cultural system without interference. This leads us to two essential principles: non-intervention and non-interference in internal affairs.
This implies that no country can intervene in the affairs of another, whether through economic or political coercive measures, or through military intervention.
There is only one exception for using force: self-defense. But this is only in response to an actual armed attack. Beyond that, the only body legally authorized to use force to ensure international peace and security is the UN Security Council.
If a country fails to meet its human right obligations, the proper international channels must be used. But there is no legal basis for unilateral intervention. A country’s choice of government is an exercise of its sovereignty. In fact, the UN General Assembly has recognised that attempts to overthrow legitimate governments undermine the democratic and constitutional order and human rights.[10]
What are the legal consequences if a State ignores this? An act of aggression triggers international responsibility. The aggressor State could be brought before the International Court of Justice. But there is also individual criminal liability. An act of aggression could constitute a crime under the jurisdiction of the International Criminal Court.
In short, international law is clear: governments are forbidden from interfering in the affairs of other countries. But what do you think? Do you agree with international law? ¿Do you think it’s effective?
References
Charter of the United Nations, Articles 2.3, 2.4, and 39 to 51.
Statute of the International Court of Justice, Article 36.
Rome Statute of the International Criminal Court, Article 8 bis (The crime of aggression).
Declaration on the Right of Peoples to Peace.
Report of the Independent Expert on the promotion of a democratic and equitable international order, UN Doc A/HRC/37/63.
Report of the Independent Expert on the promotion of a democratic and equitable international order, Alfred-Maurice de Zayas, UN Doc A/68/284.
Declaration on the Right to Development, Articles 1 and 2.
UN General Assembly Resolution 2131 (XX), Declaration on the Inadmissibility of Intervention in the Domestic Affairs of States and the Protection of Their Independence and Sovereignty.
UN General Assembly Resolution 2625 (XXV), Declaration on Principles of International Law concerning Friendly Relations and Co-operation among States.
UN General Assembly Resolution 3314 (XXIX), Definition of Aggression.
Report of the Special Rapporteur on the right to development, Surya Deva, UN Doc A/RES/79/168.
Report of the Secretary-General, UN Doc A/59/2005 (“In Larger Freedom”).
International Court of Justice (ICJ), Case Concerning Military and Paramilitary Activities in and against Nicaragua (Nicaragua v. United States of America), Judgment of 27 June 1986.
