Back to Search
Start Over
May the Force Be with You: The Legal Classification of Intervention by Invitation
- Source :
- Netherlands International Law Review, 66(1), 21-45. Springer
- Publication Year :
- 2019
- Publisher :
- Springer Science and Business Media LLC, 2019.
-
Abstract
- It is a truth universally acknowledged that states can consent to the military presence of other states on their territory. This is better known as intervention by invitation. Yet many issues surrounding this concept remain unclear or are too easily accepted, e.g. its name and its place within the rules of jus ad bellum. This article seeks to clarify and resolve these issues. First, an analysis is conducted into what the two terms intervention and invitation actually entail. The term intervention is contrasted with the use of force and the entire concept of intervention by invitation is differentiated from collective self-defence. It is concluded that the threshold of force has been met and thus the focus should be placed on the rules regulating this field of law, rather than the rules of non-intervention. The concept would be more aptly labelled as the use of force by invitation. Second, this article examines where intervention by invitation finds its place in relation to the prohibition of the use of force. Alternative perspectives are investigated encompassing the scope of Article 2(4) UN Charter and the circumstances precluding wrongfulness under the rules of state responsibility, of which consent is of particular relevance here. This article concludes that intervention by invitation falls outside the scope of Article 2(4) as the force is not used within international relations. The prohibition of the use of force therefore does not apply to intervention by invitation. Consequently, an action of intervention by invitation is legal.
- Subjects :
- (Prohibition of the) use of force
CONSENT
0211 other engineering and technologies
INTERNATIONAL-LAW
02 engineering and technology
PART
Public international law
ARTICLES
Political science
MILITARY-INTERVENTION
Jus ad bellum
Relevance (law)
State responsibility
Use of force
0505 law
050502 law
021110 strategic, defence & security studies
RESPONSIBILITY
05 social sciences
Collective self-defence
Charter
International law
WRONGFULNESS
Circumstances precluding wrongfulness
Intervention (law)
Law
PRINCIPLE
Intervention by invitation
Subjects
Details
- ISSN :
- 17416191 and 0165070X
- Volume :
- 66
- Database :
- OpenAIRE
- Journal :
- Netherlands International Law Review
- Accession number :
- edsair.doi.dedup.....f8d9dd6831ff2176d08465f7a6685439