The Normative Content of the Principle of Non-Intervention in the Jurisprudence of the International Court of Justice: Analysis of Practical Cases
Abstract
The interpretation of the principle of non-intervention by the International Court of Justice in the case of Nicaragua v. United States has established clear standards on actions that constitute unlawful interference in the internal affairs of a State, including the key elements of a violation of the principle of non-intervention. The ICJ emphasized that only actions that exert a coercive effect on the sovereignty of the affected State reach the threshold of a violation of the principle of non-intervention, which was interpreted as the essential element for the existence of interference. The paper also addresses the connection with previous jurisprudence, in particular the Corfu Channel case, where the principles of state responsibility and respect for sovereignty were established. The analysis of the cases shows that although the decision was not implemented by the United States, it consolidated the understanding of the legal norms on the limitation of intervention and the right to self-defense. However, the paper highlights the tension between international law and political power, while illustrating the importance of international jurisdiction and precedent in preserving sovereignty that has played a key role in the establishment of the principle of non-interference.
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