Open AccessSolidarity as a Principle of International Law: Its Application in Consensual Intervention
Author(s) -
Themistoklis Tzimas
Publication year - 2019
Publication title -
groningen journal of international law
Language(s) - English
Resource type - Journals
ISSN - 2352-2674
DOI - 10.21827/5bf3ea340e002
Subject(s) - solidarity , scope (computer science) , international law , intervention (counseling) , law , political science , law and economics , collective security , relevance (law) , sociology , international relations , psychology , computer science , politics , psychiatry , programming language
The article analyses solidarity as a principle of international law, in relation to consensual intervention. The main point of the article is that solidarity constitutes a fundamental principle of international law which lies at the center of the collective security system. This is why solidarity, in the framework of international law must comply with the ultimate goal of the preservation of international peace and security. In such a framework, consensual intervention is assessed from the perspective both of the inviting as well as of the intervening part, on the basis of several criteria, including the level of actual control on the ground, the compliance with international and domestic law, the scope of the consent and the means of implementation of this scope. In cases of contested domestic authority, a larger variety of criteria need to be taken into account. It is proposed that solidarity can offer a balanced approach, between State-centered and human security or in other words between solidarity among States and solidarity towards the people.