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

2.5.1.2.3. External Sovereignty

The existence of a sovereign power within the State implies the absence of any other power able to interfere in the internal affairs, or to dictate its behavior in the conduct of external relations. In the exercise of external sovereignty, the State must maintain relations with the outside world and must also defend its territory against external aggression.^84(*) As far as foreign policy is concerned, States are free to conduct their external policy; they are sovereign to choose partners with which they will maintain relations and cooperation. In this context, the State must endeavour to maintain good relations with foreign countries and international agencies on behalf of its own interests.

In addition, the major objective of national defence is the maintenance of the independence of the State within the precise limits and in freedom, to ensure peace and security. However, the body responsible for this task is the armed forces of a State which must be able to handle external aggression that violates the sovereignty of a State.

2.5.1.2.4. Limits and Exceptions to the Principle of Sovereignty

The principle of the sovereignty which the States claim as sacrosanct value sometimes has certain limitations in its exercise. This joins the well known principle in International law whereby "nothing is absolute in international relations".^85(*)

An example is linked to very ancient customary rules borrowed from the law of the sea regulating of what is called the right of "innocent passage" in territorial waters. Although this maritime area adjacent to the coast is subject to the sovereign authority of the coastal State, it can prohibit the passage of some foreign ships both that this passage is "harmless" and therefore does no infringement to its security. Another example relates to the agreement of the State concerned: when a State agrees to submit to the jurisdiction of an International Court, the ICJ and arbitral jurisdiction, it undertakes, in advance, to comply with the decision of an authority external to itself and on which it has no control. It therefore agrees to limit for a given case, the scope of its sovereignty.^86(*)

Membership of a State to an international organization also implies a limitation of sovereignty, expressly accepted in a treaty. It is the same for regional and sub-regional organizations (European Union, African Union, East African Community, SADEC, etc).

Ultimately, the principle of sovereignty, being enshrined by all the constitutions of the world which grant the State multiple missions that are defined for its durability, characterizes a power which admits no other above him. It is therefore linked with the principle of non-intervention or the principle of non-interference in the internal affairs of another State. Notwithstanding, it is possible that when a Government violates human rights or allows their violation, a unilateral armed intervention would be allowed. It is the duty or at least the right of humanitarian intervention.^87(*)

* ⁸⁴ DREYFUS, H., op. cit., p.87.

* ⁸⁵ Alex J. Bellamy, Libya and the Responsibility to Protect: The Exception and the Norm, 25 ETHICS & INT'L AFF. 263, 265 (2011), p. 182.

* ⁸⁶ Idem, p.49.

* ⁸⁷ Claes, J. (2011), `Libya and the Responsibility to Protect', Published: Center for Conflict Analysis and Prevention, on March 1, 2011, p.76.