The Doctrine of Domestic Jurisdiction

In one line

The Charter forbids the United Nations to intervene in matters essentially within a State's domestic jurisdiction, and eighty years of human rights law have consisted of establishing that fewer and fewer matters are.

In the wording a student can write in an exam: article 2(7) of the Charter provides that "Nothing contained in the present Charter shall authorize THE UNITED NATIONS TO INTERVENE IN MATTERS WHICH ARE ESSENTIALLY WITHIN THE DOMESTIC JURISDICTION OF ANY STATE or shall require the Members to submit such matters to settlement under the present Charter; BUT THIS PRINCIPLE SHALL NOT PREJUDICE THE APPLICATION OF ENFORCEMENT MEASURES UNDER CHAPTER VII." It is the Charter's guarantee of sovereignty against the Organization it creates, and the counterpart of article 2(4)'s prohibition on the threat or use of force against the territorial integrity or political independence of any State. Its scope has narrowed steadily, because articles 55 and 56 make human rights a matter the Organization is required to promote and Members pledge to act on, and because the Security Council's power under article 39 to determine the existence of a threat to the peace has been used in situations previously regarded as internal.

The text, taken apart

"Nothing contained in the present Charter shall authorize THE UNITED NATIONS to intervene." The addressee is the ORGANIZATION. Compare the Covenant of the League of Nations, whose corresponding clause was addressed to the Council in a dispute; and compare article 2(4), which is addressed to Members. Article 2(7) is a limit on the competence of the United Nations, not a rule of State-to-State conduct.

"to INTERVENE". The word is not defined. On a narrow reading it means dictatorial interference, so discussion, investigation and recommendation are not intervention. On a wide reading any authoritative dealing with the matter is. The narrow reading has prevailed in practice, which is why the General Assembly can debate a State's internal affairs and adopt resolutions about them.

"in matters which are ESSENTIALLY WITHIN THE DOMESTIC JURISDICTION of any state". Note the word ESSENTIALLY, which replaced the League Covenant's SOLELY. The change was deliberate and it widened the reserved domain in appearance; in practice the opposite has happened, because what is "essentially" domestic is decided by reference to international law as it stands at the time, and international law has expanded.

"or shall require the Members to submit such matters to settlement under the present Charter". A second, separate protection: a Member cannot be compelled to take a domestic matter to the Charter's dispute settlement machinery.

"but this principle shall not prejudice the application of ENFORCEMENT MEASURES UNDER CHAPTER VII". The exception, and the only one written into the article. Where the Security Council determines under ARTICLE 39 the existence of a threat to the peace, a breach of the peace or an act of aggression, and decides on measures under articles 41 or 42, article 2(7) does not stand in the way.