State Sovereignty and Non-Interference in International Law

Master's Thesis from the year 2018 in the subject Politics - Topic: Public International Law and Human Rights, grade: 3.6/4, , course: Law, language: English, abstract: The principles of state sovereignty and non-interference rest at the very heart of International law and springs from the 1648 Westphalian treaty.Westphalian sovereignty is the principle of international law that each nation state has sovereignty over its territory and domestic affairs to the exclusion of all external powers. This is founded on the principle of non-interference in another country?s domestic affairs and that each state irrespective of its size is equal in International law. This study shall rely principally on the doctrinal research methodology by systematic and thematic analysis of existing data on sovereignty and non-interference. The interpretation of sovereignty as narrowly as the non-intervention principle has placed sovereignty against the possibility of intervening for the protection of Human rights. The Rwanda genocide, mass atrocity crimes and crimes against humanity that characterized the state of Rwanda and Srebrenica amongst others raised the need for action by the International community to protect not only states, but also people. This thesis attempts therefore, to find a bridge between these two seemingly opposing interests -protecting the state for a strong international order and protecting the people to save lives. Responsibility to protect is based on the notion of a primary responsibility with each and every state to protect its population, and a secondary responsibility with the international community to assist a state, which is unwilling or unable to protect its people. This thesis concludes that responsibility to protect is part of sovereignty, as a duty of a state, corresponding to the right of non-intervention. If the reign fails to protect its people, or is itself abusing its people, the right of non-intervention becomes void.

Benjamin Mekinde Tonga is from Cameroon and a holder of a Bachelor of Laws (LL.B) and a Master of Laws (LL.M) in International Law from the University of Buea. He equally holds a professional Master of Laws (LL.M) in Human Rights and Democratization in Africa, from the Centre for Human Rights, University of Pretoria and is currently expecting his doctorate degree PhD in Law 2022, from the University of Buea. Tonga has expertise in human rights investigation, documentation and reporting techniques. Protection monitoring, design and development. He has experience in project conception, design and implementation. He has gained experience working in the Non-profit organization and management section. He has held the position Protection and rule of law officer with the Centre for Human Rights and Democracy in Africa (CHRDA) a leading human rights NGO, where his task was to provide strategic direction and vision to CHRDA's protection programming, and program quality during a period of expansion, ensuring compliance with CHRDA's mainstreaming framework, international law and protection standards and national policies, overseeing the project implementation and budgeting of protection, monitoring and information dissemination, identifying opportunities, designing and developing concept notes and proposals for other protection programming as requested, providing input on proposals from other sectors to ensure that protection is mainstreamed across CHRDA's programming and analyzing and understanding conflict dynamics and providing advice on protection issues.