The sovereign State faced with the obligation to protect the individual
State sovereignty and the need to protect human rights
The imperative of respecting state sovereignty and ensuring the protection of human rights do not sit easily together.
When one seeks to protect state sovereignty, human rights risk being violated.
Conversely, the protection of human rights implies a limitation or even an erasure of state sovereignty.
This paper first demonstrates that the principles of sovereignty and non-interference are an obstacle to the effective implementation of human rights.
Thus, the sovereign State cannot ensure the protection of human rights from outside scrutiny.
Secondly, it proves that in order to ensure a better protection of human rights, it is necessary to limit the sovereignty of States; this is what justifies democratic and humanitarian interference.
Finally, it highlights the risks that illegal, untimely and poorly managed interventions can pose to the sovereign state, peace and international security.
Solim ALEKA is a doctoral student in public law (specializing in international law) and an administrative lawyer.
He specializes in international criminal law, international human rights law, refugee law and collective security and peacekeeping.
- Solim ALEKA