Multilateral Intervention and the International Community

Abstract

Examines the paradox inherent in international relations whereby international law & diplomacy favor state autonomy in domestic affairs while multilateral treaties & international institutions allow for collective action against governments violating generally accepted norms of behavior. It is contended that this paradox is based on the character of sovereignty, which specifies that "individual states are independent, but not autonomous, from the collectivity of states." At issue is establishing the conditions under which the international community has assumed the right & responsibility to intercede to protect individuals & groups in sovereign states. The manner in which the principle of sovereignty limits & empowers state collectivities to enforce international norms is explored, highlighting the dialectic of sovereignty arising from the Westphalian system in which sovereignty is both a constitutive principle & derivate. Attention turns to scrutinizing international communities as conceptually independent of the states that constitute them, arguing that only with general consensus can a broad-based community of states legitimately intervene in the affairs of a sovereign. Because international norms change over time, how & why some rules & practices emerge during certain historical periods must be considered to explain the conditions necessary for legitimate multilateral intervention without violating sovereignty. Three conditions are seen as prerequisite for the existence of the kind of pluralistic international communities necessary to account for the relative consensus needed to legitimate intervention: (1) There must be a least a modicum of consensus among major powers of the fundamentals of international politics. (2) The consensus principles must enjoy broad support from smaller states & their key domestic groups. (3) There must be a universal membership organization with the authority to create & enforce norms of behavior. Those specific norms & principles on which the community is based are looked at. The principles of legitimate post Cold War multilateral intervention are next assessed, delineating four generally accepted principles, eg, in cases where governments commit a consistent pattern of gross human rights violations deemed "shocking to the conscience of mankind." Some policy & theoretical implications are touched on in conclusion. J. Zendejas