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Index

Published online by Cambridge University Press:  22 June 2023

Dino Kritsiotis ,
Olivier Corten  and
Gregory H. Fox
Dino Kritsiotis
Affiliation:
University of Nottingham
Olivier Corten
Affiliation:
Université Libre de Bruxelles
Gregory H. Fox
Affiliation:
Wayne State University, Michigan

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Armed Intervention and Consent , pp. 331 - 338
Publisher: Cambridge University Press
Print publication year: 2023
Creative Commons
Creative Common License - CCCreative Common License - BYCreative Common License - NCCreative Common License - ND
This content is Open Access and distributed under the terms of the Creative Commons Attribution licence CC-BY-NC-ND 4.0 https://creativecommons.org/cclicenses/

Index

Abacha, Sani, 89
Abdulhasan, Mohammed, 78–79
Abdullah Abdullah, 28–29
Afghanistan
legitimacy of Taliban government, 7
political crisis (2020), 28–29
Albania, political crisis (1997), 95–96
al-Qaeda, Osama bin Laden assassination (2011), 63–64
Al-Sabah, Sheikh Jaber Al-Ahmed, Crown Prince of Kuwait, 78
Al-Sabah, Sheikh Sa’ad Al-Abdulla, 78
Angola, Security Council Resolution (1976), 30–31
Annan, Kofi, 89
Antilles. See Netherlands Antilles
anti-piracy measures as acts of force, 60–63
anti-terrorism. See terrorism; terrorism view of consensual intervention
apartheid, illegitimacy of consensual intervention because of breach of, 9
Aristide, Bertrand, 87–88, 162
Armed Activities on the Territory of the Congo judgment (2005)
and nature of consent, 4
and unlawful purposes of intervention, 15
legitimacy of armed intervention, 34
armed conflict
intervention. See armed intervention; consent to intervention
law of. See customs and laws of war
non-international armed conflicts. See non-international armed conflicts
armed intervention. See also consent to intervention
admissible and excusable interventions, 52
analytical principles and practices, 24–25
and laws of war, 32–37
and negative equality doctrine, 12–14
and non-intervention principle, 34–35
and responsibility to protect (R2P), 17
arming of opposition, prohibition of, 18–19
‘civil war’ defined, 215–222
coercion and, 47–49
collective self-defence as legitimate intervention, 31, 76–81
controversies as to right to, 179–180
counter-intervention. See counter-intervention
democratic purposes as legitimate intervention, 86–94
examples, 1–3, 26–31
human rights grounds for illegality, 16–17
in a changing international legal order, 2–3
institutionalisation role of Security Council, 325–326
lack of valid invitation, 11–12
lawmaking role of Security Council, 326–328
laws of war and recognition of, 39–41
legal limits on, 11–19
limitation of, 320–325
limits of multilateralisation, 329–330
multilateralisation of consensual interventions, 250
negative equality doctrine and limitation of, 320–325
principles and practices of analysis, 24–25
problem of how to respond, 26–32
‘pro-democratic’ intervention as legitimate intervention, 86–94
Security Council authorisation, 19–20, 95–97
Security Council’s institutionalisation role, 325–326
Security Council’s lawmaking role, 326–328
Security Council’s multilateralisation role, 329–330
Security Council’s politicisation role, 328–329
serious breach of peremptory norms of international law, 17
testing of foundational assumptions of prohibition, 98–99
trialogue method of analysis, 20–21
unlawful purposes prohibition, 15–16
use of force, 32–37, 47–49
armed opposition groups. See non-state actors
arms. See weapons
Aruba. See Netherlands Antilles
Assad, Bashar Hafez al-, 10–11, 17, 28, 84, 138, 139
atrocity crimes. See crimes against humanity; genocide
Austria, and Venezuelan constitutional crisis (2019), 26
Bahrain. See Decisive Storm, operation (in Yemen (2015))
Barrow, Adama, 2, 92–94, 164–165, 167–172, 173, 206–207, 257, 258, 267–268
Berisha, Sali, 95
bin Laden, Osama, 63–64
Bonaire. See Netherlands Antilles
Bowett, Derek, 98
breach of international obligations. See also internationally wrongful acts
Bush, George H. W., 79
Canada, and Venezuelan constitutional crisis (2019), 26
Cédras, General Raoul, 87
Chávez, Hugo, 26
‘civil war’ defined, 215–222
coercion. See use of force
Cold War context of consensual interventions, 189–190
collective self-defence. See self-defence
Congo (Democratic Republic, DRC)
ICJ Armed Activities judgment. See Armed Activities on the Territory of the Congo judgment
Congo (Republic), independence (1960), 30
consensual interventions. See armed intervention; consent to intervention
consent to intervention. See also request for intervention; Security Council
abuses of, 182
against secessionist movements. See secession (repression of)
allowability of, 64–67
and law of treaties, 6–7
and negative equality doctrine, 12–14
and responsibility to protect (R2P), 17
anti-terrorism. See terrorism
as unilateral act under international law, 10
‘civil war’ defined, 215–222
Cold War context of, 189–190
competition between rival groups, 8
counter-intervention. See counter-intervention
democratic legitimacy view. See democratic legitimacy view of consensual intervention
effectiveness of, 7–9
human rights grounds for illegality, 16–17
IDI view. See IDI view of consensual intervention
incompleteness and inconsistency of international law as to, 182–184
Institut de Droit International Resolutions as to, 67–73
lack of valid invitation, 11–12
laws of war and, 101
legality and legal effects of consent, 175–178
legitimacy of, 7–9
loss of government’s power to consent, 9–11
methodology for assessment of recent state practice, 213
nature of, 4–7
Nicaragua view. See Nicaragua view of consensual intervention
overview of recent state practice, 222–226
periods of development of theories, 187
policy consequences affect validity of consent, 181–182
power to consent, 4
pro-democratic intervention. See pro-democratic intervention
prohibition of use of force as prohibition of, 180
self-determination and, 9–10, 102, 172–175
soundness of concept of, 98
terrorism view. See terrorism view of consensual intervention
trialogue method of analysis, 23
unlawful purposes prohibition, 15–16
value of, 7–9
volenti non fit iniuria and, 4
Côte d’Ivoire, presidential succession crisis (2010), 91–93, 163, 168, 173
counter-intervention. See also Decisive Storm, operation (in Yemen, 2015)
as legitimate intervention, 82–85
existing legal framework as to requests for, 113–115
invocation of consent, 115–119
problems of claims of consent, 120–123
Security Council involvement in Yemen crisis (2015), 123–128
self-determination and, 85
Crawford, James, 56–59
Crimea, Russian operation in (2014), 1, 99
Curaçao. See Netherlands Antilles
customs and laws of war (ius ad bellum)
and armed intervention, 32–37
and consensual intervention, 101
Decisive Storm, operation (in Yemen, 2015)
applicability of democratic legitimacy view of consensual intervention, 248–249
as counter-intervention, 123–128
factual grounds of support for, 247–248
invitation to intervene, 2, 28, 79–80
overview of key events, 240–244
Saudi/GCC response to Yemen’s invitation to intervene, 241–244
Security Council’s view of, 244–245, 247
supporting States’ views of, 245–247
Declaration on Friendly Relations (1970). See General Assembly
democracy. See pro-democratic intervention
democratic legitimacy view of consensual intervention
applicability of, 268–269
contemporary context of, 238–249
Decisive Storm, operation (in Yemen, 2015). See Decisive Storm, operation (in Yemen, 2015)
Security Council’s view of, 238–249, 269
support from State practice, 201–209
UK intervention in Sierra Leone (2000), 239–240
Denmark, and Venezuelan constitutional crisis (2019), 26
dictatorial interference notion
‘interference pure and simple’ distinguished, 52–53
admissible and excusable interventions, 52
origin of, 50
rightness of intervention, 50–52
Dinstein, Yoram, 55, 56
Doswald-Beck, Louise, 66–67
DRC. See Congo (Democratic Republic, DRC)
Dutch Antilles. See Netherlands Antilles
Economic Community of West African States (ECOWAS)
Côte d’Ivoire presidential succession crisis (2010), 91–92
‘pro-democratic’ intervention in Sierra Leone (1997), 88–91
Restore Democracy, operation (in The Gambia, 2017). See secession (repression of)
El Salvador, and Nicaragua judgment (1986), 83
Endara, Guillermo, 93
Faller, Admiral Craig S., 27
force. See use of force
France
and Venezuelan constitutional crisis (2019), 26
Serval, operation (in Mali, 2013). See secession (repression of)
weapons supplies to Syrian opposition groups, 84
Gbagbo, Laurent, 91–92, 162
General Assembly
and prohibition of intervention, 47–48
counter-intervention as legitimate intervention, 85
Declaration on Friendly Relations (1970) as to legitimacy of armed intervention, 32–37, 99
Germany, and Venezuelan constitutional crisis (2019), 26
Ghani, Ashraf, 28–29
Gray, Christine, 86
Grenada, Urgent Fury, operation (by US, 1983), 55
Guaidó, Juan, 26, 27
Gulf Co-operation Council, 79–80, See also Decisive Storm, operation (in Yemen, 2015)
Guterres, António, 27
Guyana, piracy control measures as acts of force, 61
Hadi, Abdrabbuh Mansur, 2, 28, 79–80, 116–118, 121–123, 125–126, 167–168, 240–249, 267
Haiti, ‘pro-democratic’ intervention in (1994), 87–88
human rights
grounds for illegality of intervention, 16–17
illegitimacy of consensual intervention because of breach of, 9
ICRC. See International Committee of the Red Cross (ICRC)
IDI view of consensual intervention
applicability of, 268–269
arguments in defence of, 255–259
‘civil war’ defined, 215–222
contemporary context of, 250–255
other Institute work on armed intervention. See Institut de Droit International (IDI)
overview of, 188
Security Council’s view of, 231–238
support from State practice, 196–201
IHL. See international humanitarian law (IHL)
Institut de Droit International (IDI)
and negative equality doctrine, 12–13
‘civil war’ defined, 215–222
counter-intervention as legitimate intervention, 83
Neuchâtel Resolution II (1900), 65, 67–69
Resolutions as to consensual intervention, 65, 67–73
Rhodes Resolution II (2011), 15, 65, 72–73
unlawful purposes of intervention, 15
view of consensual intervention. See IDI view of consensual intervention
Wiesbaden Resolution III (1975), 65, 69–72, 83
internal conflicts. See non-international armed conflicts
International Committee of the Red Cross (ICRC)
and Venezuelan constitutional crisis (2019), 28
on consent within non-international armed conflicts (NIACs), 75–76
International Court of Justice (ICJ). See also Nicaragua judgment (1986)
allowability of armed intervention, 64–65
and prohibition of intervention, 48–49
legitimacy of armed intervention, 33–34
methodical application of international law, 41–47
international disputes
intervention. See armed intervention; consent to intervention; humanitarian intervention
international human rights law. See human rights
international humanitarian law (IHL), illegitimacy of consensual intervention because of breach of, 9
international law
breaches and violations of. See internationally wrongful acts
method of application of, 41–47
norms of. See customs and laws of war; peremptory norms (ius cogens)
principles of. See non-intervention principle; self-determination
treaties. See treaties
International Law Commission (ILC)
Articles on the Responsibility of States for Internationally Wrongful Acts, 55
Draft Conclusion 16 on Jus Cogens, 10
on consent and the use of force, 55–58
International Monetary Fund (IMF), and Venezuelan constitutional crisis (2019), 27
international organisations, and Venezuelan constitutional crisis (2019), 27
internationally wrongful acts
and legitimacy of consent, 8
non-recognition obligation as to, 17
intervention. See armed intervention
invitation to intervene. See consent to intervention
Iraq
Inherent Resolve, operation (US v. ISIS, 2014–). See Islamic State in Iraq and al-Sham (ISIS)
invasion of Kuwait (1990), 78–79, 99
Islamic State in Iraq and al-Sham (ISIS)
Inherent Resolve, operation (by US, 2014–), 1, 19, 80–81, 134–136
intervening States’ invocation of consent to intervention, 134–136
invocation of consent to intervention against, 132–136
Iraqi and Syrian governments’ invocation of consent to intervention, 133–134
problems of claims of consensual interventions against, 136–138
problems raised by western intervention, 138–141
Russian operation in Syria v. (2015–), 1–2, 10–11, 14, 17, 19
Security Council’s role in Iraq, 141–143
Security Council’s role in Syria, 143–145
UK intervention against, 5
Islamic State in Iraq and the Levant (ISIL). See Islamic State in Iraq and al-Sham (ISIS)
Italy, Albania political crisis (1997), 95–96
ius ad bellum. See customs and laws of war
ius cogens. See international humanitarian law (IHL)
Jammeh, Yahya, 91–94
Jordan, weapons supplies to Syrian opposition groups, 18
Kabbah, Ahmed Tejan, 88–91
Koroma, Major Johnny Paul, 88
Kuwait. See also Decisive Storm, operation (in Yemen, 2015)
Iraq’s invasion (1990), 78–79, 99
Lauterpacht, Hersch, 40
laws of war. See customs and laws of war
legitimacy of consent. See consent to intervention
Libya, political crisis (2011–), 8, 28
Maduro, Nicolás, 26–28
Mali
Serval, operation (by France, 2013). See secession (repression of)
military intervention. See armed intervention
negative equality doctrine, 12–14, 320–325
Netherlands Antilles, and Venezuelan constitutional crisis (2019), 28
NIACs. See non-international armed conflicts (NIACs)
Nicaragua judgment (1986)
collective self-defence as legitimate intervention, 76–78
counter-intervention as legitimate intervention, 82–84
legitimacy of armed intervention, 33–34
legitimacy of consent, 7
methodical application of international law, 41–47
negative equality doctrine, 13
power to consent, 4
‘pro-democratic’ intervention as legitimate intervention, 86–87
prohibition of intervention, 48–49
unlawful purposes of intervention, 15
Nicaragua view of consensual intervention
applicability of, 268–269
contemporary context of, 250–255
overview of, 188
Security Council’s view of, 227–230
support from State practice, 191–196
Nigeria
and Côte d’Ivoire presidential succession crisis (2010), 92–93
‘pro-democratic’ intervention in Sierra Leone (1997), 89
non-international armed conflicts (NIACs)
and negative equality doctrine, 12–14
consent within, 73–76
non-intervention principle, applicability of, 34–35
non-state actors
competition between rival groups, 8
weapons supplies to opposition groups, 18–19
Noriega, General Manuel, 93
opposition groups. See non-state actors
Organisation of American States (OAS), and Venezuelan constitutional crisis (2019), 27
Ouattara, Alassane, 91–92, 162–163
Pakistan, Osama bin Laden assassination (2011), 63–64
Panama, Just Cause, Operation (by US, 1989), 93
peremptory norms (ius cogens)
breaches of. See internationally wrongful acts
piracy control measures as acts of force, 60–63
pro-democratic intervention
as legitimate intervention, 86–94
existing legal framework as to armed intervention against secession, 160–163
invocation of consent, 160–163
problems of claims of consensual interventions against, 165–169
Restore Democracy, operation (by ECOWAS in The Gambia, 2017), 2, 91–94, 160–172
Security Council’s role in Gambia crisis (2017), 165–169
trialogue method of analysis, 21–23
Qatar. See also Decisive Storm, operation (in Yemen, 2015)
weapons supplies to Syrian opposition groups, 18, 84
R2P. See responsibility to protect (R2P)
recognition (legitimacy) of consent. See consent to intervention
Red Cross. See International Committee of the Red Cross (ICRC)
request for intervention
anti-terrorism. See terrorism
as basis for consent, 1–3, 6–7
as unilateral act under international law, 10
counter-intervention. See counter-intervention
illegality of, 10
legal controversies about, 3–4
Nicaragua judgment (1986) and, 4
reasons for invitation affect validity of consent, 180–181
sovereign right to request assistance, 30–31
requested intervention. See consent to intervention
responsibility to protect (R2P), applicability of, 17
Rodríguez, Delcy, 28
Russian Federation
Syria operation (v. ISIS, 2015–), 1–2, 10–11, 14, 17, 19
Ukraine/Crimea operation (2014), 1, 99
Saudi-Arabia. See also Decisive Storm, operation (in Yemen, 2015)
non-recognition of Assad regime in Syria, 17
weapons supplies to Syrian opposition groups, 18, 84
Schachter, Oscar, 83–84
secession (repression of)
author’s analytical approach to, 1, 21–23
condemnation of secessionist declaration of independence, 149–153
existing legal framework as to armed intervention against secession, 146–149
invocation of consent to intervention, 149–153
justification of intervention against, 151–152
precedent for repression of, 152–153
problems of claims of consensual interventions against, 153–155
right of secession and self-determination, 36, 99
Security Council involvement in Yemen crisis (2015), 123–128
Security Council’s role in Mali crisis (2013), 156–160
Serval, operation (France in Mali, 2013), 1, 14, 96–97, 146–160
trialogue method of analysis, 21–23
Yemen crisis (2015), 123–128
Security Council
Albania political crisis (1997), 95–96
Angola Resolution (1976), 30–31
and anti-ISIS intervention in Iraq and Syria, 141–145
anti-terrorism intervention against ISIS in Iraq (2014), 141–143
anti-terrorism intervention against ISIS in Syria (2014), 169–172
authorisation of intervention, 19–20, 95–97
consensual intervention, 184–185. See consent to intervention
Côte d’Ivoire presidential succession crisis (2010), 93
democratic legitimacy view of consensual intervention, 238–249
ECOWAS pro-democratic intervention in The Gambia (2017), 169–172
French anti-terrorism operation in Mali (Operation Serval, 1997), 96–97
Gambia political crisis (2017), 165–169
IDI view of consensual intervention, 231–238
institutionalisation of armed intervention, 325–326
Iraqi invasion of Kuwait (1990), 78
lawmaking role as to armed intervention, 326–328
legal effects of new activist approach to consensual intervention, 186–187
Mali secession crisis (2013), 141–145
multilateralisation of armed intervention, 329–330
Nicaragua view of consensual intervention, 227–230
non-international armed conflicts (NIACs), 186
on piracy control measures as acts of force, 61–63
politicisation of armed intervention, 328–329
power of armed intervention, 17
‘pro-democratic’ intervention in Haiti crisis (1994), 87–88
right of secession and self-determination, 36, 99, 123–128, 172–175
secession crisis in Mali (2013), 169–172
terrorism view of consensual intervention, 249–250
Yemen crisis (2015), 123–128
self-defence
as legitimate intervention, 101–102
collective self-defence as legitimate armed intervention, 31, 76–81
self-determination
and consensual intervention, 9–10, 102
counter-intervention and, 85
legal aspects of, 102–107
right of secession and self-determination, 36, 99
Senegal, and Côte d’Ivoire presidential succession crisis (2010), 92–93, 94, 95–97
Sierra Leone, ‘pro-democratic’ intervention in (1997), 88–91
Somalia, piracy control measures as acts of force, 60–63
South Africa. See apartheid
sovereignty. See statehood
Spain, and Venezuelan constitutional crisis (2019), 26
State practice, as incomplete and inconsistent source of international law as to consensual intervention, 183
statehood
self-determination. See self-determination
sovereign right to request assistance, 30–31
strict abstentionism doctrine. See negative equality doctrine
Suriname, piracy control measures as acts of force, 61
Sweden, and Venezuelan constitutional crisis (2019), 26
Syria. See also Islamic State in Iraq and al-Sham (ISIS)
and illegitimacy of consensual intervention, 10–11
Arab spring (2011), 8
civil war (2011–), 10–11, 28
non-recognition of Assad regime, 17
Russian operation in (against ISIS, 2015–), 1–2, 10–11, 14, 17, 19
weapons supplies as counter-intervention, 84
weapons supplies to opposition groups, 18
Taliban. See Afghanistan
terrorism. See also al-Qaeda; Islamic State in Iraq and al-Sham (ISIS)
anti-terrorism measures as acts of force, 63–64
existing legal framework as to requests for, 128–131
invocation of consent, 132–136
invocation of consent to intervention against, 132–136
problems of claims of consensual interventions against, 136–138
terrorism view of consensual intervention
applicability of, 268–269
contemporary context of, 249–250
overview of, 188–189
Security Council’s view of, 249–250, 269
support from State practice, 209–212
terrorist group participation in author-analysed conflicts, 211–212
The Gambia
Restore Democracy, operation (by ECOWAS in The Gambia, 2017). See pro-democratic intervention
third State
intervention and notion of, 38–39
laws of war and recognition of intervention, 39–41
treaties, consent and law of treaties, 6–7
trialogue method of analysis, 20–21, 319
Turkey
non-recognition of Assad regime in Syria, 17
weapons supplies to Syrian opposition groups, 18, 84
Ukraine, Russian operation in Crimea (2014), 1, 99
United Arab Emirates (UAE). See Decisive Storm, operation (in Yemen, 2015)
United Kingdom (UK)
and Venezuelan constitutional crisis (2019), 26
intervention against ISIS, 5
weapons supplies to Syrian opposition groups, 18, 84
United Nations (UN). See also General Assembly; International Court of Justice (ICJ); Security Council
and consensual intervention, 29
and legitimacy of armed intervention, 32–37
and non-intervention principle, 34–35
and Venezuelan constitutional crisis (2019), 27
on consent and the use of force, 54–64
on piracy control measures as acts of force, 60–63
prohibition of use of force, 29
United States (US)
and Venezuelan constitutional crisis (2019), 26–28
Inherent Resolve, operation (in Iraq v. ISIS, 2014–). See Islamic State in Iraq and al-Sham (ISIS)
Iraqi invasion of Kuwait (1990), 78–79
Just Cause, Operation (in Panama, 1989), 93
Nicaragua intervention (1984). See Nicaragua judgment (1986)
non-recognition of Assad regime in Syria, 17
Osama bin Laden assassination (2011), 63–64
Uphold Democracy, Operation (in Haiti, 1994), 87–88
Urgent Fury, operation (in Grenada, 1983), 55
weapons supplies to Syrian opposition groups, 18, 84
use of force
and consensual intervention, 54–64, 101
coercion and intervention, 47–49
laws of war and recognition of, 32–37
testing of foundational assumptions of prohibition, 98–99
Vecchio, Carlos A., 26, 27
Venezuela, constitutional crisis (2019), 8, 26–28
volenti non fit iniuria, 4
weapons, arming of opposition, prohibition of, 18–19
Winfield, Percy Henry, 39
Yanukovych, Viktor, 29, 99
Yemen. See Decisive Storm, operation (in Yemen, 2015)

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  • Index
  • Dino Kritsiotis, University of Nottingham, Olivier Corten, Université Libre de Bruxelles, Gregory H. Fox, Wayne State University, Michigan
  • Book: Armed Intervention and Consent
  • Online publication: 22 June 2023
  • Chapter DOI: https://doi.org/10.1017/9781009370073.007
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  • Index
  • Dino Kritsiotis, University of Nottingham, Olivier Corten, Université Libre de Bruxelles, Gregory H. Fox, Wayne State University, Michigan
  • Book: Armed Intervention and Consent
  • Online publication: 22 June 2023
  • Chapter DOI: https://doi.org/10.1017/9781009370073.007
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  • Index
  • Dino Kritsiotis, University of Nottingham, Olivier Corten, Université Libre de Bruxelles, Gregory H. Fox, Wayne State University, Michigan
  • Book: Armed Intervention and Consent
  • Online publication: 22 June 2023
  • Chapter DOI: https://doi.org/10.1017/9781009370073.007
Available formats
×