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

Autori
Perišić, Petra

Izvornik
Russian law journal (2309-8678) 7 (2019), 4; 4-29

Vrsta, podvrsta i kategorija rada
Radovi u časopisima, članak, znanstveni

Ključne riječi
intervention by invitation, non-intervention, use of force, jus ad bellum, consent

Sažetak
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.

Izvorni jezik
Engleski

Znanstvena područja
Pravo

POVEZANOST RADA