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Author: Eliav Lieblich
Publisher: Routledge
ISBN: 1135069212
Category : Law
Languages : en
Pages : 305
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Book Description
This book examines the international law of forcible intervention in civil wars, in particular the role of party-consent in affecting the legality of such intervention. In modern international law, it is a near consensus that no state can use force against another – the main exceptions being self-defence and actions mandated by a UN Security Council resolution. However, one more potential exception exists: forcible intervention undertaken upon the invitation or consent of a government, seeking assistance in confronting armed opposition groups within its territory. Although the latter exception is of increasing importance, the numerous questions it raises have received scant attention in the current body of literature. This volume fills this gap by analyzing the consent-exception in a wide context, and attempting to delineate its limits, including cases in which government consent power is not only negated, but might be transferred to opposition groups. The book also discusses the concept of consensual intervention in contemporary international law, in juxtaposition to traditional legal doctrines. It traces the development of law in this context by drawing from historical examples such as the Spanish Civil War, as well as recent cases such those of the Democratic Republic of the Congo, Somalia, Libya, and Syria. This book will be of much interest to students of international law, civil wars, the Responsibility to Protect, war and conflict studies, and IR in general.
Author: Eliav Lieblich
Publisher: Routledge
ISBN: 1135069212
Category : Law
Languages : en
Pages : 305
Get Book Here
Book Description
This book examines the international law of forcible intervention in civil wars, in particular the role of party-consent in affecting the legality of such intervention. In modern international law, it is a near consensus that no state can use force against another – the main exceptions being self-defence and actions mandated by a UN Security Council resolution. However, one more potential exception exists: forcible intervention undertaken upon the invitation or consent of a government, seeking assistance in confronting armed opposition groups within its territory. Although the latter exception is of increasing importance, the numerous questions it raises have received scant attention in the current body of literature. This volume fills this gap by analyzing the consent-exception in a wide context, and attempting to delineate its limits, including cases in which government consent power is not only negated, but might be transferred to opposition groups. The book also discusses the concept of consensual intervention in contemporary international law, in juxtaposition to traditional legal doctrines. It traces the development of law in this context by drawing from historical examples such as the Spanish Civil War, as well as recent cases such those of the Democratic Republic of the Congo, Somalia, Libya, and Syria. This book will be of much interest to students of international law, civil wars, the Responsibility to Protect, war and conflict studies, and IR in general.
Author: Chiara Redaelli
Publisher: Bloomsbury Publishing
ISBN: 1509940561
Category : Law
Languages : en
Pages : 344
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Book Description
This book investigates the extent to which traditional international law regulating foreign interventions in internal conflicts has been affected by the human rights paradigm. Since the adoption of the Charter of the United Nations, foreign armed interventions in internal conflicts have turned into a common practice. At first sight, it might seem that state practice has developed in a chaotic fashion, however on closer examination, specific patterns emerge. The book charts these patterns by examining the traditional doctrines of intervention and testing them against state practise. The book has two aims. Firstly, it seeks to clarify the current legal framework regulating interventions in internal conflicts. Secondly, it plots the emergence of new trends and investigates whether they are becoming part of positive international law. By taking this dual focus, it offers the first truly comprehensive examination of foreign interventions in internal conflicts.
Author: KAMIL C. KLOSEK
Publisher: Routledge
ISBN: 9780367753405
Category :
Languages : en
Pages : 176
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Book Description
This book examines the motivations of military interventions in civil wars, with a focus on the role of foreign direct investment (FDI) and the arms trade. The book assumes a state-centric view of international relations, whereby states remain the dominant actors on the world stage. It breaks away from the conventional wisdom that military interventions for economic interests are a product of domestic corporate lobbying and instead argues that states intervene to protect (but not advance) existing corporate investments for national strategic interests. The work introduces new concepts of military interventions - proxy interventions and indirect interventions - which are determined by arms trade relationships between the permanent members of the United Nations Security Council (UNSC) and recipient countries, and utilizes insights from principal-agent theory, whereby the permanent members of the UNSC delegate military interventions in civil wars to other countries. The book concludes by examining the transformative effect of FDI on the willingness of a state to intervene militarily in a civil war, focusing on the case of China in Sub-Saharan Africa. Provided that the current positive trends in FDI and arms trade persist, we are likely to see more and not fewer military interventions in the future. This book will be of much interest to students of civil wars, military interventions, security studies and International Relations.
Author: Ariel Levite
Publisher: Columbia University Press
ISBN: 9780231072946
Category : History
Languages : en
Pages : 362
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Book Description
Strong nation-states often assume that they can use their military might to intervene in civil wars and otherwise reshape the domestic political order of weaker states. Often, however, as recent history demonstrates, foreign military interventions end up becoming protracted conflicts. This was the case, for example, for the United States in Vietnam, the Soviet Union in Afghanistan, Syria in Lebanon, Israel in Lebanon, South Africa and Cuba in Angola, and India in Sri Lanka. Some of these cases resulted in major setbacks; in others, a greater degree of success was achieved. But in all six, the interventions turned out to be long, complicated, and costly undertakings with far-reaching repercussions. Foreign Military Intervention: The Dynamics of Protracted Conflict brings together prominent scholars in an ambitious and innovative comparative study. The six case studies noted above constitute a diverse set, involving superpowers and regional powers, democracies and non-democracies, neighboring states and distant states, and incumbent regimes and insurgent movements. The book examines both the similarities and the differences among these cases, identifying key patterns and gaining insights both about the individual cases themselves and the dynamics of foreign military intervention in general. Each case study is structured according to three analytical stages of intervention--getting in, staying in, and getting out--and is focused through three levels of analysis: the international system, the domestic context of the intervening state, and the domestic context of the target state. Three additional chapters provide cross-case comparisons along each of the analytic stages, adding depth and richness to the study. A concluding chapter by the editors provides additional perspective on foreign military interventions, integrating major arguments and presenting key theoretical as well as policy-oriented findings. While all six cases are drawn from the Cold War era, the issues raised and dilemmas posed never have been strictly tied to any particular system structure. Indeed, they preceded the Cold War and, as already evident amidst the new and widespread domestic instability of the post-Cold War world, will postdate it. Foreign Military Intervention: The Dynamics of Protracted Conflict thus is a timely, important study of value and relevance both to scholars and policymakers dealing with the challenges of contemporary world politics.
Author: Seyfullah Hasar
Publisher: BRILL
ISBN: 9004510451
Category : Law
Languages : en
Pages : 403
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Book Description
Examining the legality of foreign military intervention in internal conflicts with the consent of the government, this book analyses a to-the-point account of post-Cold War State practice with more than 45 incidents of such interventions on a scale neglected in current scholarship.
Author: Elizabeth Wilmshurst
Publisher: OUP Oxford
ISBN: 0191632236
Category : Law
Languages : en
Pages : 568
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Book Description
This book comprises contributions by leading experts in the field of international humanitarian law on the subject of the categorisation or classification of armed conflict. It is divided into two sections: the first aims to provide the reader with a sound understanding of the legal questions surrounding the classification of hostilities and its consequences; the second includes ten case studies that examine practice in respect of classification. Understanding how classification operates in theory and practice is a precursor to identifying the relevant rules that govern parties to hostilities. With changing forms of armed conflict which may involve multi-national operations, transnational armed groups and organized criminal gangs, the need for clarity of the law is all-important. The case studies selected for analysis are Northern Ireland, DRC, Colombia, Afghanistan (from 2001), Gaza, South Ossetia, Iraq (from 2003), Lebanon (2006), the so-called war against Al-Qaeda, and future trends. The studies explore the legal consequences of classification particularly in respect of the use of force, detention in armed conflict, and the relationship between human rights law and international humanitarian law. The practice identified in the case studies allows the final chapter to draw conclusions as to the state of the law on classification.
Author: Erika De Wet
Publisher: Oxford University Press
ISBN: 0191087238
Category : Law
Languages : en
Pages : 206
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Book Description
In countries such as Syria, Iraq, South Sudan, and Yemen, internationally recognized governments embroiled in protracted armed conflicts, and with very little control over their territory, have requested direct military assistance from other states. These requests are often accepted by the other states, despite the circumvention of the United Nations Security Council and extensive violation of international humanitarian law and human rights. In this book, Erika De Wet examines the authority entitled to extend a request for (or consent to) direct military assistance, as well as the type of situations during which such assistance may be requested, notably whether it may be requested during a civil war. Ultimately, De Wet addresses the question of if and to what extent the proliferation of military assistance on the request of a recognized government is changing the rules in international law applying to the use of force.
Author: International Commission on Intervention and State Sovereignty
Publisher: IDRC
ISBN: 9780889369634
Category : Law
Languages : en
Pages : 432
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Book Description
Responsibility to Protect: Research, bibliography, background. Supplementary volume to the Report of the International Commission on Intervention and State Sovereignty
Author: Christian Henderson
Publisher: Cambridge University Press
ISBN: 1108643418
Category : Law
Languages : en
Pages : 442
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Book Description
The Use of Force and International Law offers an authoritative overview of international law governing the resort to force. Looking through the prism of the contemporary challenges that this area of international law faces, including technology, sovereignty, actors, compliance and enforcement, this book addresses key aspects of international law in this area: the general breadth and scope of the prohibition of force, what is meant by 'force', the use of force through the UN and regional organisations, the use of force in peacekeeping operations, the right of self-defence and the customary limitations upon this right, forcible intervention in civil conflicts, the controversial doctrine of humanitarian intervention. Suitable for advanced undergraduate and postgraduate students, academics and practitioners, The Use of Force and International Law offers a contemporary, comprehensive and accessible treatment of the subject.
Author: Kubo Macak
Publisher: Oxford University Press
ISBN: 0192551787
Category : Law
Languages : en
Pages : 321
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Book Description
This book provides the first comprehensive analysis of factors that transform a prima facie non-international armed conflict (NIAC) into an international armed conflict (IAC) and the consequences that follow from this process of internationalization. It examines in detail the historical development as well as the current state of the relevant rules of international humanitarian law. The discussion is grounded in general international law, complemented with abundant references to case law, and illustrated by examples from twentieth and twenty-first century armed conflicts. In Part I, the book puts forward a thorough catalogue of modalities of conflict internationalization that includes outside intervention, State dissolution, and recognition of belligerency. It then specifically considers the legal qualification of complex situations that feature more than two conflict parties and contrasts the mechanism of internationalization of armed conflicts with the reverse process of de-internationalization. Part II of the book challenges the conventional wisdom that members of non-State armed groups do not normally benefit from combatant status. It argues that the majority of fighters belonging to non-State armed groups in most types of internationalized armed conflicts are in fact eligible for combatant status. Finally, Part III turns to belligerent occupation, traditionally understood as a leading example of a notion that cannot be transposed to armed conflicts occurring in the territory of a single State. By contrast, the book argues in favour of the applicability of the law of belligerent occupation to internationalized armed conflicts.
