The prospect of international intervention legitimacy: case study of 2011 libyan armed conflict

4.1.2.3. The Principle of Equality of Peoples

The right to the sovereignty of States is now redefined and, at the same time, the sovereignty of the person has been enhanced by increased awareness of human rights. Starting citing the words of Kofi Annan, «we intend to underline the importance to the equality of peoples as a principle of international law».^257(*) However the path remains sprinkled with pitfalls because equality if it is real at the legislative level it is certainly not such in practice.

The equality of peoples and their right to self-determination is a fundamental principle of international law at least on the theoretical level. In 1789, the declaration of the rights of human beings and of the citizens consecrated in article 1 "people are born and remain free and equal in rights». Social distinctions can be based only on the common utility. Nevertheless, the principle as stated in the Charter of the United Nations is a principle of recent conception. Although its finds its origins in a principle of the 19^th century, the principle of nationality.

According to this principle every nation has the right to establish an independent State. This same principle generated in the aftermath of the Second World War the principle of the right of peoples to self-determination. Mentioned in article 2, paragraph 1 and article 55 of the Charter, this principle did not cease to raise the curiosity of researcher as questions continue to gravitate around it. Can grant the right to minorities in States newly independent, the right to dispose of themselves even calling the split on States to which they are attached?

Resolution 1514 of the General Assembly of the United Nations has been the basis of decolonization process which led since 1960 to the creation of many States, now members of the United Nations. It is supplemented in some aspects by resolution 1541 (XV) of the General Assembly. According to this resolution "all peoples have the right of self-determination and under that right they freely determine their political status and freely pursue their economic, social and cultural development».^258(*)

The General Assembly reaffirmed its position in a resolution No. 53/168 of December 10, 1998, "Recalling that the Charter of the United Nations again proclaim the faith of the peoples of the United Nations in fundamental human rights, in the dignity and worth of the human person in the equal rights of men and women and of nations large and small." The ICJ took the opportunity to refer to resolution 1514 (XV) of the General Assembly of 14 December 1960 applicable to all peoples and all the territories "that have not yet attained independence" the Court continued its analysis in his terms the Court must take into account the changes in the half century that followed and its interpretation cannot fail to take account of the progressive evolution the law benefitted from thanks to the Charter and custom of the United Nations."^259(*)

Although it is formulated and confirmed on several occasions, ambiguities constantly undermine this principle. The multiplicity of the proclamations of the right of peoples to self-determination^260(*) contrasts with the reality and face especially with the principle of territorial integrity. The General Assembly provides a first response in resolution 47/135 dated February 18, 1992 in affirming the right of persons belonging to minorities to enjoy their own culture, to profess and practice their own religion and use their own language, in private and in public, freely and without any interference.

A response nuanced because it does not bring the necessary clarification on the scope of the right of minorities to freely take advantage of their right to self-determination. The application of the principle of territorial integrity and respect for the borders inherited from colonization in Africa impede any attempt at self-determination of peoples.

After this presentation of the principle of quality of states before the international law, it seems crucial to underline that this sacrosanct principle remains virtual; states are really unequal and the treatment of a localized insecurity issue is often submitted to subjective considerations for example diplomatic relation, political reasons, economical and geopolitical parameters.

Those so called parameters are silenced but they are economic, political, hegemonic etc. and when they don't appear the problem is abandoned if not neglected. To address such an issue as researcher suggests that all human rights concerns should be taken into account for all regions especially when human lives are endangered. This should be inserted in the regulations of the UNSC and that any veto power should infringe this principle which be imperative and prevail on all others constituting the jus cogens. If this orientation was adopted, Rwandan genocide, Syrian crisis would have been handled without any reluctance.

* ²⁵⁷ Speech of UN Secretary General during UN General Assembly, 1998. Available on http//:www.un.org , accessed on 1/9/2014.

* ²⁵⁸ UNSC Resolution 1541, op. cit., § XV.

* ²⁵⁹ ICJ case against NICAGUA V USA, op. cit., pp. 57-59

* ²⁶⁰ Cases of Crimea and other Ukrainian provinces peopled by Russians who are now rebelling can be a significant illustration.