New Developments of National Interests and Its Impact on the Nature and Scope of the Principle of Non-intervention

Document Type : Original Article from Result of Thesis

Authors

• Seyed Saeed Ahmadi ¹
• Abolfazl Lotfizadeh ²
• Farshid Jafari Pabandi ³

¹ PhD student in Public International Law, Department of International Law, Zanjan Branch, Islamic Azad University, Zanjan, Iran.

² Assistant Professor, Department of Political Science, Zanjan Branch, Islamic Azad University, Zanjan, Iran.

³ Assistant Professor, Department of International Relations, Zanjan Branch, Islamic Azad University, Zanjan, Iran.

Abstract

Highlights

Introduction

Major developments of national interests are first and foremost reflected in the field of human rights, including the development of human rights norms (jus cogens), changes in mechanisms for enforcing human rights, and globalization. Additionally, the emergence of human rights norms, such as targeted and unilateral human rights sanctions, the responsibility to protect, and military intervention to counter terrorism, further contribute to these developments.

It is necessary to evaluate the first development based on “humanitarian responsibility” and the recent development in line with “international responsibility.” Unlike before, international responsibility is now viewed as a means to achieve responsibility that is philanthropic in nature, rather than just serving the general interests of states. Therefore, examining how the development of humanitarian responsibility from national interests has occurred forms the focus of this study. This historical process shows that the expansion of the circle of national interests of states has led to strengthening the principle of non-intervention; conversely, the limitation of the scope of national interests has restricted this principle. Thus, the current study seeks to explore the effects of these developments on the credibility of the principle of non-intervention, and explain the direction of the developments relating to national interests.

This study intends to provide an answer to this fundamental question within the framework of the developments of national interests: what normative and structural effects has the principle of non-intervention undergone? The hypothesis raised in this regard is that contemporary developments in national interests, largely influenced by the development of fundamental human rights and the humanization of international law, have had a significant impact, both structurally and normatively, on limiting the boundaries of the principle of non-intervention.

Methodology

From a novel perspective, this descriptive-analytical study aims to closely examine the developments of national interests and their effects on the principle of non-intervention.

Results and Discussion

The focus of national interests has recently shifted towards the protection of fundamental human rights and the betterment of the global community. This has led to a decrease in state control based solely on national interests to justify the use of the principle of non-intervention.

Conclusion

Study findings tested the hypothesis that globalization and the development of human rights norms, as two significant factors, have had a considerable effect both on changing the nature of national interests and on defining their boundaries. These, in turn, demonstrate the significant shifts in states’ perception of national interests. Globalization, as a transnational and global force, has undermined sovereignty and national borders, thereby constraining the influence of national states and challenging the conventional understanding of national interests. Consequently, the notion of non-intervention has been undermined alongside the narrowing of national interest boundaries. On the other hand, the development of human rights norms led to the fact that human rights are no longer subject to national sovereignty and are considered as an international issue. A major relevant outcome is the emergence of human rights norms in the modern era as a turning point in the development of human rights and their liberation from governmental mechanisms. Eliminating the reliance on governmental mechanisms and disregarding national sovereignty have removed the main traditional barrier to development and support for human rights, especially in severe humanitarian situations and extreme cruelty. These developments have produced two major results: (1) These developments have limited national interests in favor of fundamental human rights and the general welfare of the international community; (2) Defining the boundaries of national interests is a significant accomplishment as it limits states’ power to resort to non-intervention based on these interests. Consequently, it changes the nature of the principle of non-intervention from non-intervention to discretion and from discretion to a sense of obligation to intervene in severe human rights situations.

Keywords

• National interests
• Principle of non-intervention
• Fundamental human rights
• International community

Main Subjects

• International Law