Abstract
The authors examined the threat to international peace and security as an exception to the doctrine of non-intervention under international law. The authors adopted the doctrinal method of research, with primary sources of law derived from the United Nations Charter, while the secondary sources of information were derived from journal articles and internet sources. The principle of non-intervention, enshrined in Article 2(7) of the United Nations (UN) Charter, 1945, asserts that no state or group of states has the right to intervene in the internal or external affairs of another sovereign state. However, this principle is not absolute, particularly when a threat to international peace and security arises. The UN Charter, established in 1945, aimed to prevent the scourge of war, promote human rights, and foster international cooperation. Article 2(7) delineates the principle of non-intervention, which has been a cornerstone of international law. The implementation of the exception to non-intervention presents several challenges. The UN Security Council, comprising five permanent members with veto power, must reach a consensus, which can be impeded by differing national interests and geopolitical rivalries. Secondly, the principle of state sovereignty, a fundamental tenet of international relations, often conflicts with the humanitarian need to intervene, especially in cases of gross human rights violations or genocide. Thirdly, there is the issue of consistency and selectivity in the application of intervention policies, where some conflicts receive swift international attention while others are neglected. While the principle of state sovereignty remains paramount, the international community, through the UN, recognizes the need to intervene in certain circumstances to maintain global peace and security. The effectiveness of such interventions is contingent upon the political will and cooperation of the international community, particularly the permanent members of the Security Council. The authors recommend amongst others that there should be a clearer, more objective framework for determining what constitutes a threat to international peace and security to reduce political subjectivity. These measures could collectively enhance the UN’s ability to uphold international peace and security while respecting the fundamental principle of state sovereignty.