Humanitarian intervention— by the sovereignty and for the sovereignty

Abstract: The Article 2(1) of the Charter of the United Nations has clearly articulated the sovereign equality for all its Members, while the Article 2(7) states that the United Nations will not intervene in matters which are essentially within the domestic jurisdiction of any state unless the matters involve in the international peace and security. It seems that once the matters, which are essentially within the domestic jurisdiction of any state, involve in the international peace and security, the United Nations will intervene in this matters and do not have to consider the sovereign equality of the concerning state. Here the problem is come up: how to balance the international intervention and state’s sovereignty? To be exact, the problem can be: how to balance the international humanitarian intervention and state’s sovereignty? The thesis will firstly discuss the sovereignty, try to find the connection between sovereignty and human rights as well as constitutional law; and then comes to the humanitarian intervention, try to find the connections between humanitarian intervention and human rights as well as constitutional law. Since both sovereignty and humanitarian intervention have the similarities in terms of human rights and constitutional law, it will be easy to connect the humanitarian intervention and the state’s sovereignty. Finally, based on all of the analysis, the conclusion will be: humanitarian intervention is caused by the sovereignty and aimed for the sovereignty.