Peace Zone & Non-aligned.
In
surface, neutrality, peace zone and non-aligned are seen similar but those all
are different with each other. Later two are only the concepts concerned
peaceful environment and they have no legal status in international law.
Neutrality has legal status and creates some rights and duties between neutral
and belligerent states.
Peace
Zone: The concept of peace of zone is not so much old and
no any international legal instruments concerning peace zone. It is not easy to
create a generally accepted of peace zone. Therefore, there is no universally
accepted generalized concept of peace zone in international law. We can take
only as the reference of peace zone – ZOPFAN (zone of peace, freedom and
neutrality) a declaration by ASEAN in 1971, 'Indian Ocean as a zone of peace'
declared by UNGA (united nations general assembly) in 1971 and "A proposal
for Nepal as a zone of peace" proposed by then king Birendra but no one
has completely been implemented yet. Peace zone includes some obligations like-
nuclear free status to the region, demilitarization of the region, trustful and
good relations among the participating states for peace and security order,
guarantee of the territorial integrity, sovereignty and natural resources,
freedom of sea and air space according to international law etc.
NAM
(non-alignment movement): It is a foreign policy of
refraining from alignment with military blocks- NATO (North Atlantic Treaty
Organization) and WTO (Warsaw Treaty Organization) emerged on the behalf of
capitalist and socialist groups respectively. The essence of the non-alignment
policy lies in strengthening the independence of the participating states and
promoting to this end, stability, peace and equality in international
relations. NAM is also in favor of peace zone regime. It aims dismantling of
foreign military bases in the zone, non-deployment of nuclear weapons,
elimination of great power military presence, control of sale and supplies of
arms, non-intervention in the internal affairs, peaceful settlement of
disputes, adherence to the principle of
'panchasheel', creation for mutual trust and cooperation among states,
reduction of all kinds of tensions.
Intervention
Meaning:
Intervention is the interference of one country into internal or external
affairs of another by means of force or other. International law is based on the
sovereign equality of states. UN charter article 2(1) says that the
organization is based on the principle of sovereign equality of all its
members. It means all sovereign states have right to freedom to manage one's
own affairs both internal and external. If someone interferes the right of the
state is called intervention because no one has privilege to interfere the
right of state. Intervention is against the state's sovereignty, territorial
integrity and political independence which is prohibited by UN charter article
2(4).
Some
definitions:
Intervention
is the interference of one country into affairs of another by means of force or
other. This can be diplomatic, military, heinous or genuine. – IL
Intervention
is a forcible or dictatorial interference by a state in the affairs of another
state, calculated to impose certain conduct or consequences on that other
state. - Oppenheim.
Intervention,
forcible interference of one or several states into the internal affairs of
another state or states, directed against their territorial integrity or
political independence or incompatible with the aims and principles of UN
charter. – G.N. Melkov (a Russian Journalist).
Thus,
intervention means any kind of threat or use of force against the territorial
integrity of another state's internal or external affairs without consent of
relative states. Every state has the right to decide for itself its political,
economic, socio-cultural system as well as its foreign policy, if someone
interferes in those matters that is called intervention; which is against the
principle of equal sovereignty.
Types
of intervention:
·
Internal:
it is the intervention by foreign state while arising disputes or conflicting
between sections of community of another state either the name of protection of
the constitutional government or the name of helping contending groups. eg.
USSR interfered in Hungary 1956 and Czechoslovakia in 1968, China in Korea
1951, India in Sri Lanka 1987 etc.
·
External:
it is the interference in the foreign affairs (sovereignty, territorial
integrity, political independence) of another state or it is against the
hostile relation of another state. eg. in second world war, Italy helped
Germany against Britain, Iraq intervened Kuwait in 1990-91.
·
Punitive:
it is like a reprisal for an injury caused by another state. eg. America
intervened in Libya 1986 for the alleged promoting terrorism and in Panama 1989
in the charge of promoting mal-trading and drug trafficking. It is an
international practice frequently carried out by stronger states towards weaker
states.
·
Humanitarian:
it is the intervention of a state to another state in the name of human rights
violation. eg. Recently, American intervention in Syria and Afghanistan.
·
Invitation:
it is the intervention carried out on the ground of invitation of victim state.
eg. Britain aided to Oman in 1957, America assisted South Vietnam in 1955,
Indian peace keeping force went to Sri Lanka in 1987, India intervened in
Maldives 1988.
·
Collective:
it is the intervention of the group of states against another state which is
charged the violation of peace and order or human rights in international
communities. eg. In Korea 1950, Congo 1961, Iraq 1990 etc.
Legal
provisions against intervention:
·
UN charter article 2(4) prohibits the
use of threat or use of force against any state, which is not accordance with
the principle of UN.
·
UN charter article 2(7) says- if any
state breaches peace or performs acts of aggression then for the maintenance of
international peace and security UN Security Council take enforcement measures
for the restoration of international peace and security against the violators.
Doctrines
regarding intervention:
·
Monroe doctrine
(James Monroe, President of America) 1823, a declaration against the attempts
of re-colonization on Latin American states by European states.
·
Calvo doctrine
(Jurist of Argentina) 1863, a declaration against the foreign intervention in
the name of protection of their citizens and properties during the internal
conflict or civil war.
·
Dargo doctrine
(Ivan Dargo, Foreign minister of Argentina) 1902, a declaration against foreign
intervention on the ground of due public and private debt.
·
Nehru doctrine
(Jawaharlal Nehru, PM of India) 1950, Himalayan states (Sikkim, Bhutan, Nepal
and Tibet) lie in Indian security zone therefore these states should be stay
under the protection of India.
·
Brezhnev doctrine
(Leonid Brezhnev, a leader, communist party of Russia) 1969, intervention is
inevitable on those states that attempt to change the socialist states into
capitalist states using different lures.
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