India angry over American comment on Kejriwal’s arrest, how justified is foreign interference in domestic matters, what does international law say? – intervention and state sovereignty by un charter amid american intervention on arvind kejriwal arrest mdj

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Arvind Kejriwal was arrested by ED on March 21 in the money laundering case related to Delhi liquor scam. The very next day, America’s statement came that its government is keeping an eye on Kejriwal’s arrest, and there should be a fair investigation into the matter. Regarding this, India also took a strong stand and retorted that the statement of the US State Ministry on legal action in our country is wrong. Diplomacy expects that countries will respect each other’s domestic issues and sovereignty. Otherwise it becomes a mess. Even after this reply of India, America again said a similar thing. He reiterated that he stands by his stand.

This is an issue between India and America. But such conversations are often heard between two countries. China also many times warns people to stay away from its internal affairs.

There is a slight difference between an internal affair and a public affair. Just like you stay out as long as you hear arguments in your neighbor’s house. But as soon as the noise increases or there is fear of some kind of accident, you should call the police, or knock on the door of that house yourself. The same thing applies to countries also.

There is talk of equality in Article 51 of the United Nations Charter. In this, all countries are equal, no matter how different their size, economic or military strength is. According to this rule, any country controls its own internal affairs and does not accept unnecessary interference from outside. This is called the Principle of Non-Intervention.

intervention and state sovereignty by un charter amid american intervention on arvind kejriwal arrest photo AFP

What is interference?

Not only giving direct or indirect threat of military intervention or attack is interference, but making any kind of comment is also called intervention. If the country is small, and anything a big country says can have an impact on it, then the UN has to take special care so that it does not take any decision out of fear. This distance applies to all matters – domestic, political and economic. This is the same as saying that an adult cannot be stopped from taking decisions unless they cause great harm to someone else or to him/herself.

Even before the Charter of the United Nations, there was the Covenant of the League of Nations, Article 15(8) of which kept countries away from restricting the decisions of the governments of other countries. There is a term in the charter – use of force. This is not just military use, but any use of force, from which it is advisable to keep distance.

When can intervention be given?

This is also mentioned in the 6th Chapter of the UN Charter. The UN can speak on the issues of another country only with the help of the United Nations Security Council. This happens only when a domestic issue becomes a growing threat to humanity or international peace. The council does not threaten directly, but takes steps one by one. At first only a warning is given. After this economic restrictions. Then military intervention can also be given, but this is only for extreme circumstances.

intervention and state sovereignty by un charter amid american intervention on arvind kejriwal arrest photo Getty Images

When did the UN stop?

There are many examples of this. First of all comes the matter of Korean operation. In the fifties, UNSC members had intervened to pacify North Korea and South Korea. To this day, North Korea is angry at America and other western countries regarding this matter. The Gulf War that took place in the nineties also comes under this. Then the Iraqi army, which had entered Kuwait, was jointly driven out by the armies of many countries. This is allowed in Article 42.

What is the matter of CM Kejriwal?

ED, which is investigating the money laundering case related to Delhi liquor scam, had arrested Delhi CM Arvind Kejriwal on March 21. Kejriwal was sent to seven-day custody by the court. His custody was going to end today. On this, ED presented him in the special court located at Rouse Avenue in Delhi, where Kejriwal’s remand was extended till April 1.

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