The international community has evolved significantly in its perception of human rights and state sovereignty. Although customary law from the pre-Charter period considered humanitarian intervention permissible in certain occasions, there was not a widespread practice and states avoided explaining their actions solely on humanitarian grounds. The UN Charter, through Article 2(4), solidified the principle of non-intervention and for a long time states invoked their sovereignty when accused of human rights abuses. However, the evolved human rights law has necessitated a change in the international law related to humanitarian intervention. In addition, recent state practice and opinio juris have implied that there exists a shift in the perception of humanitarian intervention. To settle the fears of the opponents of humanitarian intervention and to minimise abuse of the principle, certain conditions are needed. Therefore, even if nowadays humanitarian intervention is not yet accepted, there is a strong trend in that direction and the near future might see humanitarian intervention as an exception to Article 2(4).
Maya Stanulova is a student of International Law at the University of Edinburgh with special interest in international conflicts and criminal law. Her other interests include humanitarian assistance and international development.
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