Legality of External Military Interventions, Responsibility to Protect (R2P) and the Governing Theories: A Case Study of Afghanistan, Somalia and Libya

Authors

  • Kassian Clemence Mshomba

Abstract

It is a general principle of International law that no State should use military forces to intervene internal affairs of another State except under: self-determination and upon implementation of the principle of Responsibility to Protect (R2P) but without causing instability to other States. States are accorded right to external intervention under strict circumstances in safeguarding collective protection to basic human rights and human dignity. In implementing the exceptional circumstances, the International community has been urged to set norms and standards in avoiding tyranny from the super powers likely to cause anarchy to both directly and indirectly involved States in the process. Responsibility to protect aims at addressing anarchy as subsequently affirmed by a Commission of Rapporteurs to the Council of the League of Nations on the Aaland Islands. In expounding the above duties and responsibilities, this study discusses notable incidents of external military interventions from critical human rights and human dignity perspectives. Both doctrinal and comparative methods were employed in this study considering the study being legal research with comparison method employed in contrasting the involved interventions. It is recommended that the International community should refrain from invoking military interventions except under justifiable reasons within the framework of the UN Security Council.

Author Biography

Kassian Clemence Mshomba

The Open University of Tanzania

Published

2021-06-01