Mathavi Sankar for People's Daily

On the “Brink” – Advisory Panel Decides on Guidelines for Intervention

By Mathavi Sankar in Baltimore (People’s Daily)

The Advisory Panel is a special committee of experts that counsels the United Nations Security Council (UNSC) on specific issues. Currently, these experts are discussing the timely issue of guidelines for UNSC intervention.

The United Nations enforces “laws of war” that stipulate when it is justifiable for nations to engage in war, and what acts are acceptable in wartime. “Intervention” is the term for the use of force by a nation in the internal or external affairs of another; in most cases, this is considered unlawful, but in certain cases intervention can be justified.

However, the international standard for acceptable intervention is uncertain. Under the provisions of the Security Council Charter, the UNSC is empowered to authorize the use of force to maintain ‘international peace and security’, but there is still controversy about the extent to which the Council can use force in humanitarian emergencies. International law has yet to fully reflect the emerging idea that intervention is a legitimate exception to the laws of sovereignty and that use of force might be necessary when human rights are at stake.

In addition to the ambiguity surrounding the intervention process (military, economic, or humanitarian), when intervention should occur is also unclear. Currently, the experts on the Advisory Panel are defining the “brink,” or the point at which the UNSC should intervene. Some experts believe that intervention before an atrocity occurs is the best way to prevent human rights violations. However, others raise the practical question of how the UNSC can decide that an act will lead to human rights violations. These delegates argue that humanitarian principles differ from country-to-country and that deciding based on an international standard is infringing upon national sovereignty. Expert Li Keqiang, Premier of the State Council of the People’s Republic of China, states “Every country has the right to govern its people in its own way. It is dangerous to define the “brink” based on imperialistic Western views.” Thus, experts must carefully identify and define the thin line between necessary intervention and infringement upon national sovereignty.

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