Intervention by invitation - when can consent from a host state justify foreign military intervention?

Autor: Petra Perišić
Jazyk: angličtina
Rok vydání: 2019
Předmět:
DOI: 10.17589/2309-8678-2019-7-4-4-29
Popis: In spite of the general prohibition of intervention in the affairs of other states, military interventions undertaken with the consent of a host state are considered to be permissible. This is confirmed both in state practice and in international legal doctrine. However, in order for such interventions to be permitted in particular situations, certain requirements have to be fulfilled. The consent must be given by a due authority, it must not be vitiated, it must precede the intervention, and it must be given expressly and clearly. This article explores the meaning of each of these requirements and examines their application in state practice. In addition, the possibility of intervening in civil wars is examined. It is submitted, in the conclusion of the article, that some aspects of the right to intervene upon invitation are undergoing certain changes, which results in the non- intervention principle becoming more flexible.
Databáze: OpenAIRE