The Laws of Armed Conflicts: A Collection of Conventions, Resolutions, and Other Documents

By Dietrich Schindler; Jiri Toman | Go to book overview

No. 92
THE PRINCIPLE OF NON-INTERVENTION IN CIVIL
WARS

Adopted by the Institute of International Law at its Wiesbaden Session on 14 August 1975

INTRODUCTORY NOTE: Like the Havana Convention of 1928 (No. 90) and its Protocol of 1957 (No. 91), the present Resolution primarily deals with the question of intervention in civil wars. Only Article 4 concerns international humanitarian law. It states that humanitarian aid to victims of a civil war is to be regarded as permissible. (See also the Resolutions of the Institute of International Law of 1989 (No. 64) and of 1999 (No. 96). The resolution was adopted by 16 votes to 6, with 16 abstentions. Several questions, especially the question of intervention on invitation, had remained controversial.

AUTHENTIC TEXT: French. The English text below is reprinted from Annuaire de l'Institut de Droit international. Vol. 56, 1975, pp. 545–549.

TEXT PUBLISHED IN: Annuaire de l'Institut de Droit international, Vol. 56, 1975, pp. 545–549 (French, Engl.); Institut de Droit international, Tableau des Résolutions adoptées 1957–1991, Paris, Pedone, 1992, pp. 120–125 (French, Engl.); Droit des conflits armés, pp. 1255–1257 (French).

TABLE OF CONTENTS
Articles
Preamble
Concept of civil war1
Prohibition from assistance2
Exceptions3
Humanitarian aid4
Foreign intervention5

The Institute of International Law, Noting the gravity of the phenomenon of civil wars and of the suffering which they cause;

Considering that any civil war may affect the interests of other States and may therefore result in an international conflict if no provision is made for very stringent obligations of non-intervention;

Considering in particular that the violation of the principle of non-intervention for the benefit of a party to a civil war often leads in practice to interference for the benefit of the opposite party;

Convinced therefore that it is necessary to specify the duties of other States in the event of civil war breaking out in the territory of a given State;

-1189-

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