O genocídio como exceção ao princípio da não-intervenção internacional

Abstract

It analyses whether it is possible for a nation to intervene in another, without the United Nations’ Security Council’s authorization, and in which situations this could happen. In order to do so, a study is developed, in one hand, concerning human rights, their evolution and their international protection system, and, in the other, about the concept of sovereignity, its development and its limitations. Based on the evolution of these two institutes, in the international context, the principles of self-determination and non-intervention are reviewed, in order to verify the possibility of intervention only in cases of human rights’ violations with a great risk of damages, namely regarding crimes against humanity. In the end, by a cultural perspective of Law, with the notion of humanity as diversity and democratic participation as sovereign power, it realizes that the possibility of intervention would be applied only to the rights of ethnic and cultural minorities in case of genocide, as a possible exception to the principle of non-intervention.