اثار التدخل العسكري في العلاقات الدولية : دراسة العراق وليبيا انموذجا == Effects Of Military Intervention In International Relations : Study Of Iraq And Libya As A Model
Author name:
حيدر موسى منخي القرشي
Supervisor name:
خالد سلمان جواد
General topic:
Law
Specific topic:
Public International Law
Degree:
Master
University:
Mustansiriyah University - Faculty Of Law - Department Of Public Law
Language:
Arabic
University location:
Baghdad
First pages:
13T1471 - p.pdf
Abstract:
International Law development has associated with the development of the International Relations, in which the International Law finds a legal framework for regulation and restriction these relations. Therefore, the allowable relations before the international regulation have become inadmissible after the dawn of International Organisation emerging, especially Charter of the United Nations.In terms of maintaining international peace and security was the reason behind the Charter of the United Nations existence, the Charter has taken the responsibility to legislate for behaviour of the countries, especially by putting restrictions on military intervention. These legislations can be considered as a violation of states sovereign, territorial integrity and political independence. As well as these Charter legislations can be considered as a contravention of the United Nation Carter itself, through violation of the most two principles of United Nation, in which use of force in the international relations is banned, as mentioned in Article 2, Paragraph 4; and prohibit the countries’ domestic jurisdiction, Article 2, Paragraph 7.However, the military intervention is admissible, if there is an aggression on a country. The United Nations has the right to intervene militarily, in order to restore the international peace and security to their levels.In addition to the huge violations of human rights, a humanitarian intervention has been emerged, which is described an intervention to protect human rights in the countries that used to violate human rights and freedom. Therefore, the humanitarian intervention is stillcontroversial among the jurists of the international law, because of missing legal foundations. As well as if the legal foundations have been found, the humanitarian intervention will also be controversial. Furthermore, its application will be affected by the international politics. Therefore, humanitarian intervention has been described as a new form of colonisation.According to the impact of Iraqi invasion to Kuwait in 1990, Security Council issued tens of decisions against Iraq, including military intervention and economic resolutions. These resolutions continued until occupation Iraq in 2003. In which, the Iraqis’ sufferance continues till today.According to Arab Spring revolutions, which have been started in early 2011, the Libyans revolted against their government demanding their rights. In which the Libyan's government committed brutal and horrific crimes, which could be considered crimes against humanity. Therefore, the international and territorial organisations had been too quick to stoop these crimes, in which, the Security Council issued resolution 1973 that authorised NATO and some country to intervene militarily in Libya in operation called (Odessa Dawn) instigating Al - Kaddafi regime falling.Therefore, I divided my thesis into two chapters : Chapter one : Principal of non - intervention and humanitarian intervention in the international law.Section one : Principal of non - intervention in the international law.Section two : Humanitarian intervention in the international law.Chapter two : Applications of military intervention and its impacts.Section one : Military intervention in Iraq and its impacts from 1990 to 2003.Section two : Military intervention in Libya and its impacts in 2011.The project concluded that the military intervention, even with Security Council authorization, has negative influences and repercussions, which may continue for long years. The Iraqi people still suffer from instability in the political and security situations. Similarly, the Libyan people demonstrate the same instable situation in the politics and security.
