INTRODUCTION
The Global South is defined by the United Nations Conference on Trade and Development (UNCTAD) as Africa, Latin America, the Caribbean, Asia (except South Korea, Japan, and Israel), and Oceania (except Australia and New Zealand).
They are also commonly referred to as developing nations or developing economies, as opposed to developed countries. These nations usually have a high level of poverty, low incomes, inadequate housing, overpopulation, and overall lack of development in educational, medical and infrastructural industries. Ultimately, these result in a large disparity between the overall wealth and GDP of the North and the South. [1]The countries in the South also suffer from more regional conflicts, with a large number of them embroiled in civil wars, unrest and insurgencies.
Humanitarian intervention is a force or threat of the use of force by a nation or a coalition of nations to end gross human rights violations in a particular country or region.[2] These human rights violations are often instigated, facilitated or enabled by the ruling government of that country. This involves the intervening nation or coalition of nations sending their armed forces to a country that they are not at war with, to alleviate the humanitarian crisis in the region. The concept of humanitarian intervention began with customary law that evolved from Hugo Grotius and late medieval European politics. Historically, humanitarian interventions were undertaken by nations to either protect their people or people of their faith. For eg., in the Bombardment of Algiers in 1816, the British and the Dutch navy bombarded the city of Algiers, belonging to the Deylik of Algiers in an attempt to cease their practice of enslaving Christians. While the purpose behind such military action can be claimed to be for a better cause, humanitarian intervention raises questions about State sovereignty and its legality.
LEGALITY OF HUMANITARIAN INTERVENTION
Under the UN Charter[3], there are only 2 ways in which the sovereignty of a nation can be breached legally; the first is the right to self-defence, and Collective Security measures under Chapter VII of the UN Charter[4]. The UN does not provide a mechanism to establish the legality of humanitarian intervention. This doctrine stems from customary international law. An example of humanitarian intervention in contemporary history can be seen in India’s role in the Bangladesh Liberation War. Although India’s intentions for entering the war have been the subject of debate, one acknowledged viewpoint is that India had expressed concerns regarding the ongoing genocide of Bengalis and thus intervened. However, there are also claims of conflicting interest, with some claiming that India participated in the war out of national interest and security and that the end of the genocide was just a byproduct and not the sole intent of their involvement.
The 1990s have been defined as the decade of humanitarian intervention[5]. The concept of absolute sovereignty was questioned, claiming that world leaders cannot commit human rights abuse and take cover under the shield of sovereignty and that it was the humanitarian duty of the rest of the world to put an end to the abuse. One of the most controversial and talked about cases is the NATO intervention in the Kosovo War of 1999, where NATO bombed Yugoslavia (modern-day Serbia) to force them to end the ethnic cleansing of Albanians in Kosovo. Although there were civilian casualties, NATO claimed that they tried their best to minimize these and these casualties were unintended and collateral damage. While the matter is still a hot topic for debate, its effectiveness cannot be denied, as Yugoslavia pulled its forces back from Kosovo and further genocide of ethnic Albanians was stopped.
The policy of ‘Responsibility to Protect’[6] is also partially associated with humanitarian intervention. This policy was endorsed by the UNGA in 2005 to prevent genocide, ethnic cleansing, war crimes and crimes against humanity. It lists three chief responsibilities:
- The State carries the primary responsibility for protecting populations from genocide, war crimes, crimes against humanity and ethnic cleansing, and their incitement;
- The international community has a responsibility to encourage and assist States in fulfilling this responsibility;
- The international community has a responsibility to use appropriate diplomatic, humanitarian and other means to protect populations from these crimes. If a State is manifestly failing to protect its population, the international community must be prepared to take collective action to protect populations, following the Charter of the United Nations.[7]
However, it differs from humanitarian intervention as R2P emphasizes prevention and also chiefly addresses 4 main atrocities, while humanitarian intervention involves the use of military force and the definition of humanitarian is broader.
NEED FOR HUMAN INTERVENTION
The majority of the Global South were colonies of the Global North until the 1950s, following which a wave of decolonization took place and a lot of countries in Asia and Africa declared independence, like India. While some countries enjoyed a relatively peaceful transition from subjects to rulers of their land, others were not so fortunate. Due to reasons such as irregular borders, ethnic conflicts, religion, etc., previous colonies have been plunged into conflicts that some have still not been able to overcome. Due to long years of war and strife, there have been numerous human rights abuses, including mass displacement, targeting of ethnic minorities, torture, etc. While these are the internal affairs of a country and foreign involvement is questionable, the condition of civilians in these areas is grave. The most recent example of such a scenario is in Sudan.
Sudan gained independence in 1956 from the British. However, the country has since been in a state of conflict, enjoying very few years of peace. Ethnic tensions caused the southern part of Sudan to secede from Sudan, forming South Sudan. Due to ethnic tensions, the region of Darfur in western Sudan began an insurgency against the Government. This led to a genocide of the Darfuri people, where it is estimated that around 200,000 people were killed between 2003 and 2005[8]. Atrocities such as mass killings, torture, and sexual violence were committed by the government and the ‘Janjaweed’, an Arab militia group. Although the War in Darfur was resolved with a peace agreement in 2020, there seems to be no solace for the people of Sudan, as the country is yet again plunged into a civil war by a paramilitary group called the Rapid Support Forces since 2023. According to reports, Sudan is suffering from one of the worst humanitarian crises. Over 9 million people have been displaced and an estimated 16,000 people have been killed[9]. There are also reports of massacres, sexual violence, looting and the use of child soldiers. All these are grave human rights violations. Sudan has also ironically ratified multiple UNHRC Conventions, including those that protect women and children. These conventions have a binding status on them.
When a country is unable to maintain stability, it is often the common people that suffer. While this is an internal matter of the country, the gross violations of basic human rights cannot be ignored and intervention from the rest of the globe becomes more of a duty than an option. The case of Sudan is not an isolated one. A lot of countries in the ‘Global South’ are currently undergoing humanitarian crises. Syria has been in a state of war since the Arab Spring in 2011, and so has Yemen since 2014, leading to a mass exodus of refugees, war crimes and ultimately starvation and famine amongst those who are unable to escape the war. The Palestinian territory in Gaza has been besieged and bombed since October 2023. Countries in Africa like the Democratic Republic of Congo, Ethiopia, Somalia, etc. are all suffering from internal rebellions. Central Africa also suffers from extremist Islamic groups like the Islamic State (IS) and other terrorists. India is also a neighbour to countries undergoing turmoil. Afghanistan has suffered instability ever since the invasion by the Soviet Union in 1979, resulting in unstable governments, an invasion by the US in 2001 and now Taliban rule. To the east of India, low-level insurgencies have been a constant occurrence in Myanmar since 1948, however, it has intensified since 2021. The people of these countries are victims of this endless bloodshed, and human rights are a foreign concept to these people. As mentioned before, when a certain limit is crossed, protecting humanity becomes a duty.
CONCLUSION
State sovereignty is one of the most important aspects of a state’s identity. However, there are certain situations where sovereignty must be disregarded for the benefit and safety of humanity. As mentioned, the Security Council is empowered under Chapter VII of the UN Charter[10] to take military action against a country. However, it requires the vote of all 5 permanent members, and considering the current geopolitical situation, it is unlikely that all 5 members are in agreement. To resolve the delay and to prevent further crises, it is important to allow nations or a coalition of nations to intervene in another country if their intention is purely humanitarian and not with any other intent. It is the best possible step forward in order to protect human life.
Author(s) Name: Mohit G (M S Ramaiah University of Applied Sciences, Bengaluru)
Reference(s):
[1] Barbara Thomas-Slater, Southern Exposure: International Development and the Global South in the Twenty-First Century (Kumarian Press 2003)
[2] Holzgrefe JL and Keohane RO, Humanitarian Intervention: Ethical, Legal, and Political Dilemmas (Cambridge University Press 2003)
[3] Charter of the United Nations, 1945
[4] Chapter VII, Charter of the United Nations, 1945
[5] Mary Kaldor, Human Security: Reflections on Globalization and Intervention (first published 24 August 2007, Polity 2007) 16
[6] UNGA ‘Report of the Secretary-General on Implementing the Responsibility to Protect’ (2009) UN Doc A/63/677
[7] Ibid
[8] ‘Darfur’ (United States Holocaust Memorial Museum, 21 Dec 2023) <https://encyclopedia.ushmm.org/content/en/article/darfur> accessed 25 June 2024
[9] International Organization for Migration (IOM), Jun 11 2024. DTM Sudan Mobility Update (02). IOM, Sudan.
[10] Chapter VII, Charter of the United Nations, 1945
