State Consent to Foreign Military Intervention during Civil Wars

State Consent to Foreign Military Intervention during Civil Wars
Author: Seyfullah Hasar
Publisher: BRILL
Total Pages: 403
Release: 2022-04-04
Genre: Law
ISBN: 9004510451

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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.

Intervention in Civil Wars

Intervention in Civil Wars
Author: Chiara Redaelli
Publisher: Bloomsbury Publishing
Total Pages: 340
Release: 2021-02-25
Genre: Law
ISBN: 1509940553

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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.

International Law and Civil Wars

International Law and Civil Wars
Author: Eliav Lieblich
Publisher: Routledge
Total Pages: 305
Release: 2013
Genre: History
ISBN: 0415507901

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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.

International Law and the Classification of Conflicts

International Law and the Classification of Conflicts
Author: Elizabeth Wilmshurst
Publisher: OUP Oxford
Total Pages: 568
Release: 2012-08-02
Genre: Law
ISBN: 0191632236

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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.

Humanitarian Military Intervention

Humanitarian Military Intervention
Author: Taylor B. Seybolt
Publisher: Oxford University Press, USA
Total Pages: 314
Release: 2007
Genre: Altruism
ISBN: 0199252432

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Military intervention in a conflict without a reasonable prospect of success is unjustifiable, especially when it is done in the name of humanity. Couched in the debate on the responsibility to protect civilians from violence and drawing on traditional 'just war' principles, the centralpremise of this book is that humanitarian military intervention can be justified as a policy option only if decision makers can be reasonably sure that intervention will do more good than harm. This book asks, 'Have past humanitarian military interventions been successful?' It defines success as saving lives and sets out a methodology for estimating the number of lives saved by a particular military intervention. Analysis of 17 military operations in six conflict areas that were thedefining cases of the 1990s-northern Iraq after the Gulf War, Somalia, Bosnia and Herzegovina, Rwanda, Kosovo and East Timor-shows that the majority were successful by this measure. In every conflict studied, however, some military interventions succeeded while others failed, raising the question, 'Why have some past interventions been more successful than others?' This book argues that the central factors determining whether a humanitarian intervention succeeds are theobjectives of the intervention and the military strategy employed by the intervening states. Four types of humanitarian military intervention are offered: helping to deliver emergency aid, protecting aid operations, saving the victims of violence and defeating the perpetrators of violence. Thefocus on strategy within these four types allows an exploration of the political and military dimensions of humanitarian intervention and highlights the advantages and disadvantages of each of the four types.Humanitarian military intervention is controversial. Scepticism is always in order about the need to use military force because the consequences can be so dire. Yet it has become equally controversial not to intervene when a government subjects its citizens to massive violation of their basic humanrights. This book recognizes the limits of humanitarian intervention but does not shy away from suggesting how military force can save lives in extreme circumstances.

Barriers to Peace in Civil War

Barriers to Peace in Civil War
Author: David E. Cunningham
Publisher: Cambridge University Press
Total Pages: 297
Release: 2014-06-12
Genre: Political Science
ISBN: 1139499408

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Civil wars vary greatly in their duration. This book argues that conflicts are longer when they involve more actors who can block agreement (veto players) and identifies specific problems that arise in multi-party bargaining. Quantitative analysis of over 200 civil wars since World War II reveals that conflicts with more of these actors last much longer than those with fewer. Detailed comparison of negotiations in Rwanda and Burundi demonstrates that multi-party negotiations present additional barriers to peace not found in two party conflicts. In addition, conflicts with more veto players produce more casualties, are more likely to involve genocide and are followed by shorter periods of peace. Because they present many barriers to peace, the international community has a poor track record of resolving multi-party conflicts. David Cunningham shows that resolution is possible in these wars if peace processes are designed to address the barriers that emerge in multi-party conflicts.

The Responsibility to Protect

The Responsibility to Protect
Author: International Commission on Intervention and State Sovereignty
Publisher: IDRC
Total Pages: 432
Release: 2001
Genre: Law
ISBN: 9780889369634

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Responsibility to Protect: Research, bibliography, background. Supplementary volume to the Report of the International Commission on Intervention and State Sovereignty

Military Interventions in Civil Wars

Military Interventions in Civil Wars
Author: KAMIL C. KLOSEK
Publisher: Routledge
Total Pages: 176
Release: 2021-09-28
Genre:
ISBN: 9780367753405

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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.

The Use of Force and International Law

The Use of Force and International Law
Author: Christian Henderson
Publisher: Cambridge University Press
Total Pages: 442
Release: 2018-05-10
Genre: Law
ISBN: 1108643418

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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.

Challenges for Humanitarian Intervention

Challenges for Humanitarian Intervention
Author: C. A. J. Coady
Publisher: Oxford University Press
Total Pages: 233
Release: 2018
Genre: Philosophy
ISBN: 019881285X

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Ten new essays critique the practice armed humanitarian intervention, and the 'Responsibility to Protect' doctrine that advocates its use under certain circumstances. The contributors investigate the causes and consequences, as well as the uses and abuses, of armed humanitarian intervention. One enduring concern is that such interventions are liable to be employed as a foreign policy instrument by powerful states pursuing geo-political interests. Some of the chapters interrogate how the presence of ulterior motives impact on the moral credentials of armed humanitarian intervention. Others shine a light on the potential adverse effects of such interventions, even where they are motivated primarily by humanitarian concern. The volume also tracks the evolution of the R2P norm, and draws attention to how it has evolved, for better or for worse, since UN member states unanimously accepted it over a decade ago. In some respects the norm has been distorted to yield prescriptions, and to impose constraints, fundamentally at odds with the spirit of the R2P idea. This gives us all the more reason to be cautious of unwarranted optimism about humanitarian intervention and the Responsibility to Protect.