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INDONESIA
Law and Justice
ISSN : 25498282     EISSN : -     DOI : https://www.doi.org/10.23917/laj
Core Subject : Social,
Law and Justice is a peer-reviewed journal. That is published biannually and managed by Faculty of Law Universitas Muhammadiyah Surakarta, which is intended as a medium of communication, information and legal science development. This journal contains studies in the field of law which are the results of research in the field of law directed to promote transcendental values, nationalism values, democratic values and Pancasila. The scopes of Law and Justice, but not limited to are legal Studies, Constitutional Law, Criminal Law, Civil Law, Islamic Law, Environmental Law, Human Rights, International Law, and also interconnection studies with Legal Studies.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 61 Documents
The Principle of Non-Intervention in the Age of Humanitarian Crises Marah, Thomas Sheku
Law and Justice Vol. 10 No. 2 (2025): Law and Justice
Publisher : Universitas Muhammadiyah Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23917/laj.v10i2.10774

Abstract

This research critically describes the evolving tension between the principle of non-intervention and the newly arising norm of the Responsibility to Protect (R2P) under international law. While state sovereignty has long been considered the pillar of the international order, increasing numbers of mass atrocities and humanitarian crises have prompted international actors to reassess their obligation to intervene where states fail to protect their citizens. This study undertakes a doctrinal and qualitative analysis of significant international legal instruments, case studies such as Libya and Syria, and scholarly writings to ascertain the normative and legal validity of humanitarian intervention and R2P. It analyzes the legal basis of the principle of non-intervention, the ethical grounds for humanitarian intervention, and the practical application of R2P through international organizations such as the United Nations. The research also explores the issue of operationalizing R2P, including selectivity, political manipulation, and inconsistency in state practice. The research demonstrates that while R2P offers an attractive normative framework for responding to mass atrocities, its enforcement is thwarted by geopolitical interests and the lack of binding legal status. The findings of the research demonstrate a clear need for reform of the international legal system and a more robust institutional commitment to balancing state sovereignty with humanitarian obligations, thereby conducting interventions within a legal, consistent, and accountable framework.