Humanitarian interventions as a soverignity problem

The goal of this thesis is stating the place for the concept of humanitarian intervention in international system which necessitates a holistic approach for both right of sovereignty and human rights. We tried to determine the place of human rights as a rising value and forcing power behind the change in principles of classic sovereignty right like no-interfere to the internal affairs, independency and equality in nation state system. Classic sovereignty right approach sees a state's all behaviors to their own citizens as an internal affair. Acceptance of human rights as internal affairs have caused increase in human rights violation in time. This situation displayed the inadequacy of assurance provided by nation states for protection of human rights and necessity for international community to take action in violation cases for preventing persecutions. In this case, international community faced with sovereignty rights of nation states as a norm which makes them immune against international intervention and limits the required actions. Nation states are immune from foreign intervention because of sovereignty right as a basic principle of international law but action of persecution on their citizens and on their sovereign lands requires a rethinking and new interpretation of sovereignty right in context of human rights. In fact, human rights are a subject of debate since ancient times in the context of natural rights. However, human rights as a criterion of legitimacy of states internally and externally is a new subject. This new situation is a result of developments in human rights approach which caused change in definition of classic sovereignty. There are two important result of consideration of human rights as criterion for legitimacy of states. The first one is that, if a state does not have legitimacy it will lose its statehood. The second one is that if a political unit loses its statehood it also will lose the rights which are directly related to statehood. Among these rights, sovereignty right is the first comer. If a state lost its sovereignty right and do some violation of human rights, international community can resort force to prevent human right violation in the sovereign land of this state. The intervention of international community to the internal affairs of a state for prevention of serious human rights violation is the main logic of humanitarian intervention. Even tough, humanitarian intervention seems very rational in the framework of this logic, many claim that, humanitarian interventions can drug international community into anarchy and it is not in the framework of agreed international law. The jus cognes article of UN Charter which used as a reference by international lawyers, prohibits the individual power use and this is the main evidence of being unlawful of humanitarian intervention. Who believe the humanitarian intervention will drug international community into anarchy act based on the idea of sovereignty right being main principle behind international order. Both of these approaches show that no state can act on its own to intervene another state's internal affairs based on its understanding of humanitarian intervention. Otherwise, states will act individually and caused international anarchy without considering the related UN Charter, prohibition of individual power use. International community is mature enough to rise its voice when there are serious human rights violations. In addition to this, both sides who believe the necessity of humanitarian intervention and possible harm caused by humanitarian intervention have rightful reasons. However, global developments in understanding of human rights make validity of definition for classic sovereignty almost impossible. States are being hold responsible for their actions in human rights area as a result of mentioned developments. Mechanisms to question and if it is required intervene states in case of they do not fulfill responsibility properly are continuing to developed by international community. Key Words: Humanitarian Interventions, Sovereignty, Human Rights, International Law, British School.