التدخل في القانون الدولي العام

Abstract

The history of the nation is a history of conflict and competition with other nations. These conflicting and competing nations did not see through all the stages and phases that they experienced the need to restrict this conflict, or to determine its procedures, methods or limit its scope. On the contrary, every nation claimed the absolute freedom to act, in particular their right to resort to the use of force when it sees an interest in it, and it is only limited by the right of other nations to do the same thing. The evolution of the circumstances and the situations made the continuation to stick to the absolute freedom principle to cause chaos and instability in a society where the interests are overlapped, and increased the need for cooperation. The concept of interference in public international law is a variable concept; this concept has passed two important phases in the evolution of international law. Traditional international law distinguished between two basic types of the use of force in international relations, namely: The first case: is formally declaring war, which requires taking into account the rules of the law of war, and the war with this aspect, is a kind of an interference. Second case: is when the nations resort to the initiative to use force without a formal declaration of war, this is another type of interference, but it does not legally constitute a nation of war. Every war is an interference but not all interference is war. The interest in the phenomenon of interference in international law began since the actual appearance of the international community, and the collapse of the totalitarian regime and the authority of the church, and the ensuing from that such as the successive appearance of nation nations and the recognition of each other, and the right of every nation in the constant presence and they are equal, The renewal of traditional international law was about the prohibition of war as a mean of national policy for the nations. The war of aggression is a form of interference by the treaty of Paris, after restricting the right of the war by the League of Nations before. In the end, the treaty of the United Nations to ensure the prohibition of the threat by using force or using it against the security of territories or political independence of a nation, or in any other manner inconsistent with the purposes of the United Nations. The organization has committed not to intervene in matters which are essentially within the domestic jurisdiction of nations. Based on these obligations guaranteed by the treaty of the United Nations, a collective security system has been approved as an alternative for individual use of force by nations. A problem of interpretation of the mean of force appeared in the beginning of the application, as stipulated in the text of the Article 2, paragraph 4. Also, a problem appeared in what is considered the heart of the domestic jurisdiction of nations, which is not considered as that. It is clear that the force of international law means the measure, and may mean the method used against the nation to act or to abstain from doing an act that couldn't be done without that method, and that measure that didn't left to it a freedom of choice or the right of refusal.