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Collective Security Distinguished from Intervention

Published online by Cambridge University Press:  28 March 2017

James Oliver Murdock*
Affiliation:
Inter-American Juridical Committee

Extract

In an era of propaganda warfare it is dangerous to condone the misuse of words. Words with a well-defined legal meaning, such as “intervention,” should not be loosely used in a non-technical sense outside the context in which they have been developed.

Type
Notes and Comments
Copyright
Copyright © American Society of International Law 1962

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Footnotes

*

Opinions expressed herein are personal.

References

1 In the course of discussion at San Francisco, it was emphasized that this was not a “technical and legalistic formula.” See statement of U. S. delegate (Mr. Dulles) in Committee 1/1, U.N.C.I.O., Summary Report of Seventh Meeting of Committee 1/1, Doc. 1019, 1/1/43, pp. 1–2. 6 U.N.C.I.O. Docs. 507–508; Goodrich and Hambro, Charter of the United Nations 113 (2nd ed.).

2 The text of the Mexican proposal, as set forth in Doc. 41 of the record of the 5th Meeting of Consultation of Ministers of Foreign Affairs, reads:

“Whereas:

“The categoric reaffirmation in the Charter of the Organization of American States of the principle of non-intervention, on the part of one state or a group of states, in the internal or external affairs of any other state has been a valuable contribution in achieving the purposes of the Organization;

“Among the principles set forth in the Charter of the United Nations there is also one that expressly prohibits that Organization from intervening ‘in matters which are essentially within the domestic jurisdiction’ of its members;

“Although the Charter of the Organization of American States does not contain a similar provision, there is no doubt that that principle also applies to the Inter-American organization, as may be inferred from the fact that the Charter itself, among other things:

“a. Reaffirms that ‘the fundamental rights of States may not be impaired in any manner whatsoever.’;

“b. Proclaims that ‘within the United Nations, the Organization of American States is a regional agency’, therefore its activities must be compatible with the principles of the United Nations;

“c. Provides that none of the provisions ‘shall be construed as impairing the rights and obligations of the Member States under the Charter of the United Nations’; and

“Nevertheless, the importance of the principle in question is such that it deserves to be expressly confirmed on the Inter-American level, just as it is confirmed on the international level by the Charter of the United Nations,

“The Fifth Meeting of Consultation of Ministers of Foreign Affairs

“Declares:

“The Organization of American States shall not have power to intervene in matters that are essentially within the domestic jurisdiction of its members, unless this principle contravenes the application of the measures and procedures provided in Chapter V of the Charter of the Organization, and defined in the Inter-American Treaty of Reciprocal Assistance.”

3 Inter-American Juridical Committee, Opinion on the Legal Aspects of the Draft Declaration on Non-intervention presented by the Mexican Delegation. Pan American Union pub. OEA/Ser.I/VI.2, CIJ-58.

4 “Impulso democrático al Sistema Interamericano,” 10 Combate 48–56 (1960).

* Opinions expressed herein are personal.