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Index

Published online by Cambridge University Press:  22 June 2023

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

Summary

Type
Chapter
Information
Publisher: Cambridge University Press
Print publication year: 2023
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Index

Abacha, Sani, 89
Abdulhasan, Mohammed, 7879
Abdullah Abdullah, 2829
Afghanistan
legitimacy of Taliban government, 7
political crisis (2020), 2829
Albania, political crisis (1997), 9596
al-Qaeda, Osama bin Laden assassination (2011), 6364
Al-Sabah, Sheikh Jaber Al-Ahmed, Crown Prince of Kuwait, 78
Al-Sabah, Sheikh Sa’ad Al-Abdulla, 78
Angola, Security Council Resolution (1976), 3031
Annan, Kofi, 89
Antilles. See Netherlands Antilles
anti-piracy measures as acts of force, 6063
anti-terrorism. See terrorism; terrorism view of consensual intervention
apartheid, illegitimacy of consensual intervention because of breach of, 9
Aristide, Bertrand, 8788, 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, 2425
and laws of war, 3237
and negative equality doctrine, 1214
and non-intervention principle, 3435
and responsibility to protect (R2P), 17
arming of opposition, prohibition of, 1819
‘civil war’ defined, 215222
coercion and, 4749
collective self-defence as legitimate intervention, 31, 7681
controversies as to right to, 179180
counter-intervention. See counter-intervention
democratic purposes as legitimate intervention, 8694
examples, 13, 2631
human rights grounds for illegality, 1617
in a changing international legal order, 23
institutionalisation role of Security Council, 325326
lack of valid invitation, 1112
lawmaking role of Security Council, 326328
laws of war and recognition of, 3941
legal limits on, 1119
limitation of, 320325
limits of multilateralisation, 329330
multilateralisation of consensual interventions, 250
negative equality doctrine and limitation of, 320325
principles and practices of analysis, 2425
problem of how to respond, 2632
‘pro-democratic’ intervention as legitimate intervention, 8694
Security Council authorisation, 1920, 9597
Security Council’s institutionalisation role, 325326
Security Council’s lawmaking role, 326328
Security Council’s multilateralisation role, 329330
Security Council’s politicisation role, 328329
serious breach of peremptory norms of international law, 17
testing of foundational assumptions of prohibition, 9899
trialogue method of analysis, 2021
unlawful purposes prohibition, 1516
use of force, 3237, 4749
armed opposition groups. See non-state actors
arms. See weapons
Aruba. See Netherlands Antilles
Assad, Bashar Hafez al-, 1011, 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, 9294, 164165, 167172, 173, 206207, 257, 258, 267268
Berisha, Sali, 95
bin Laden, Osama, 6364
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, 215222
coercion. See use of force
Cold War context of consensual interventions, 189190
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, 6467
and law of treaties, 67
and negative equality doctrine, 1214
and responsibility to protect (R2P), 17
anti-terrorism. See terrorism
as unilateral act under international law, 10
‘civil war’ defined, 215222
Cold War context of, 189190
competition between rival groups, 8
counter-intervention. See counter-intervention
democratic legitimacy view. See democratic legitimacy view of consensual intervention
effectiveness of, 79
human rights grounds for illegality, 1617
IDI view. See IDI view of consensual intervention
incompleteness and inconsistency of international law as to, 182184
Institut de Droit International Resolutions as to, 6773
lack of valid invitation, 1112
laws of war and, 101
legality and legal effects of consent, 175178
legitimacy of, 79
loss of government’s power to consent, 911
methodology for assessment of recent state practice, 213
nature of, 47
Nicaragua view. See Nicaragua view of consensual intervention
overview of recent state practice, 222226
periods of development of theories, 187
policy consequences affect validity of consent, 181182
power to consent, 4
pro-democratic intervention. See pro-democratic intervention
prohibition of use of force as prohibition of, 180
self-determination and, 910, 102, 172175
soundness of concept of, 98
terrorism view. See terrorism view of consensual intervention
trialogue method of analysis, 23
unlawful purposes prohibition, 1516
value of, 79
volenti non fit iniuria and, 4
Côte d’Ivoire, presidential succession crisis (2010), 9193, 163, 168, 173
counter-intervention. See also Decisive Storm, operation (in Yemen, 2015)
as legitimate intervention, 8285
existing legal framework as to requests for, 113115
invocation of consent, 115119
problems of claims of consent, 120123
Security Council involvement in Yemen crisis (2015), 123128
self-determination and, 85
Crawford, James, 5659
Crimea, Russian operation in (2014), 1, 99
Curaçao. See Netherlands Antilles
customs and laws of war (ius ad bellum)
and armed intervention, 3237
and consensual intervention, 101
Decisive Storm, operation (in Yemen, 2015)
applicability of democratic legitimacy view of consensual intervention, 248249
as counter-intervention, 123128
factual grounds of support for, 247248
invitation to intervene, 2, 28, 7980
overview of key events, 240244
Saudi/GCC response to Yemen’s invitation to intervene, 241244
Security Council’s view of, 244245, 247
supporting States’ views of, 245247
Declaration on Friendly Relations (1970). See General Assembly
democracy. See pro-democratic intervention
democratic legitimacy view of consensual intervention
applicability of, 268269
contemporary context of, 238249
Decisive Storm, operation (in Yemen, 2015). See Decisive Storm, operation (in Yemen, 2015)
Security Council’s view of, 238249, 269
support from State practice, 201209
UK intervention in Sierra Leone (2000), 239240
Denmark, and Venezuelan constitutional crisis (2019), 26
dictatorial interference notion
‘interference pure and simple’ distinguished, 5253
admissible and excusable interventions, 52
origin of, 50
rightness of intervention, 5052
Dinstein, Yoram, 55, 56
Doswald-Beck, Louise, 6667
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), 9192
‘pro-democratic’ intervention in Sierra Leone (1997), 8891
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, 9192, 162
General Assembly
and prohibition of intervention, 4748
counter-intervention as legitimate intervention, 85
Declaration on Friendly Relations (1970) as to legitimacy of armed intervention, 3237, 99
Germany, and Venezuelan constitutional crisis (2019), 26
Ghani, Ashraf, 2829
Gray, Christine, 86
Grenada, Urgent Fury, operation (by US, 1983), 55
Guaidó, Juan, 26, 27
Gulf Co-operation Council, 7980, 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, 7980, 116118, 121123, 125126, 167168, 240249, 267
Haiti, ‘pro-democratic’ intervention in (1994), 8788
human rights
grounds for illegality of intervention, 1617
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, 268269
arguments in defence of, 255259
‘civil war’ defined, 215222
contemporary context of, 250255
other Institute work on armed intervention. See Institut de Droit International (IDI)
overview of, 188
Security Council’s view of, 231238
support from State practice, 196201
IHL. See international humanitarian law (IHL)
Institut de Droit International (IDI)
and negative equality doctrine, 1213
‘civil war’ defined, 215222
counter-intervention as legitimate intervention, 83
Neuchâtel Resolution II (1900), 65, 6769
Resolutions as to consensual intervention, 65, 6773
Rhodes Resolution II (2011), 15, 65, 7273
unlawful purposes of intervention, 15
view of consensual intervention. See IDI view of consensual intervention
Wiesbaden Resolution III (1975), 65, 6972, 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), 7576
International Court of Justice (ICJ). See also Nicaragua judgment (1986)
allowability of armed intervention, 6465
and prohibition of intervention, 4849
legitimacy of armed intervention, 3334
methodical application of international law, 4147
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, 4147
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, 5558
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), 7879, 99
Islamic State in Iraq and al-Sham (ISIS)
Inherent Resolve, operation (by US, 2014–), 1, 19, 8081, 134136
intervening States’ invocation of consent to intervention, 134136
invocation of consent to intervention against, 132136
Iraqi and Syrian governments’ invocation of consent to intervention, 133134
problems of claims of consensual interventions against, 136138
problems raised by western intervention, 138141
Russian operation in Syria v. (2015–), 12, 1011, 14, 17, 19
Security Council’s role in Iraq, 141143
Security Council’s role in Syria, 143145
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), 9596
ius ad bellum. See customs and laws of war
ius cogens. See international humanitarian law (IHL)
Jammeh, Yahya, 9194
Jordan, weapons supplies to Syrian opposition groups, 18
Kabbah, Ahmed Tejan, 8891
Koroma, Major Johnny Paul, 88
Kuwait. See also Decisive Storm, operation (in Yemen, 2015)
Iraq’s invasion (1990), 7879, 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, 2628
Mali
Serval, operation (by France, 2013). See secession (repression of)
military intervention. See armed intervention
negative equality doctrine, 1214, 320325
Netherlands Antilles, and Venezuelan constitutional crisis (2019), 28
NIACs. See non-international armed conflicts (NIACs)
Nicaragua judgment (1986)
collective self-defence as legitimate intervention, 7678
counter-intervention as legitimate intervention, 8284
legitimacy of armed intervention, 3334
legitimacy of consent, 7
methodical application of international law, 4147
negative equality doctrine, 13
power to consent, 4
‘pro-democratic’ intervention as legitimate intervention, 8687
prohibition of intervention, 4849
unlawful purposes of intervention, 15
Nicaragua view of consensual intervention
applicability of, 268269
contemporary context of, 250255
overview of, 188
Security Council’s view of, 227230
support from State practice, 191196
Nigeria
and Côte d’Ivoire presidential succession crisis (2010), 9293
‘pro-democratic’ intervention in Sierra Leone (1997), 89
non-international armed conflicts (NIACs)
and negative equality doctrine, 1214
consent within, 7376
non-intervention principle, applicability of, 3435
non-state actors
competition between rival groups, 8
weapons supplies to opposition groups, 1819
Noriega, General Manuel, 93
opposition groups. See non-state actors
Organisation of American States (OAS), and Venezuelan constitutional crisis (2019), 27
Ouattara, Alassane, 9192, 162163
Pakistan, Osama bin Laden assassination (2011), 6364
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, 6063
pro-democratic intervention
as legitimate intervention, 8694
existing legal framework as to armed intervention against secession, 160163
invocation of consent, 160163
problems of claims of consensual interventions against, 165169
Restore Democracy, operation (by ECOWAS in The Gambia, 2017), 2, 9194, 160172
Security Council’s role in Gambia crisis (2017), 165169
trialogue method of analysis, 2123
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, 13, 67
as unilateral act under international law, 10
counter-intervention. See counter-intervention
illegality of, 10
legal controversies about, 34
Nicaragua judgment (1986) and, 4
reasons for invitation affect validity of consent, 180181
sovereign right to request assistance, 3031
requested intervention. See consent to intervention
responsibility to protect (R2P), applicability of, 17
Rodríguez, Delcy, 28
Russian Federation
Syria operation (v. ISIS, 2015–), 12, 1011, 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, 8384
secession (repression of)
author’s analytical approach to, 1, 2123
condemnation of secessionist declaration of independence, 149153
existing legal framework as to armed intervention against secession, 146149
invocation of consent to intervention, 149153
justification of intervention against, 151152
precedent for repression of, 152153
problems of claims of consensual interventions against, 153155
right of secession and self-determination, 36, 99
Security Council involvement in Yemen crisis (2015), 123128
Security Council’s role in Mali crisis (2013), 156160
Serval, operation (France in Mali, 2013), 1, 14, 9697, 146160
trialogue method of analysis, 2123
Yemen crisis (2015), 123128
Security Council
Albania political crisis (1997), 9596
Angola Resolution (1976), 3031
and anti-ISIS intervention in Iraq and Syria, 141145
anti-terrorism intervention against ISIS in Iraq (2014), 141143
anti-terrorism intervention against ISIS in Syria (2014), 169172
authorisation of intervention, 1920, 9597
consensual intervention, 184185. See consent to intervention
Côte d’Ivoire presidential succession crisis (2010), 93
democratic legitimacy view of consensual intervention, 238249
ECOWAS pro-democratic intervention in The Gambia (2017), 169172
French anti-terrorism operation in Mali (Operation Serval, 1997), 9697
Gambia political crisis (2017), 165169
IDI view of consensual intervention, 231238
institutionalisation of armed intervention, 325326
Iraqi invasion of Kuwait (1990), 78
lawmaking role as to armed intervention, 326328
legal effects of new activist approach to consensual intervention, 186187
Mali secession crisis (2013), 141145
multilateralisation of armed intervention, 329330
Nicaragua view of consensual intervention, 227230
non-international armed conflicts (NIACs), 186
on piracy control measures as acts of force, 6163
politicisation of armed intervention, 328329
power of armed intervention, 17
‘pro-democratic’ intervention in Haiti crisis (1994), 8788
right of secession and self-determination, 36, 99, 123128, 172175
secession crisis in Mali (2013), 169172
terrorism view of consensual intervention, 249250
Yemen crisis (2015), 123128
self-defence
as legitimate intervention, 101102
collective self-defence as legitimate armed intervention, 31, 7681
self-determination
and consensual intervention, 910, 102
counter-intervention and, 85
legal aspects of, 102107
right of secession and self-determination, 36, 99
Senegal, and Côte d’Ivoire presidential succession crisis (2010), 9293, 94, 9597
Sierra Leone, ‘pro-democratic’ intervention in (1997), 8891
Somalia, piracy control measures as acts of force, 6063
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, 3031
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, 1011
Arab spring (2011), 8
civil war (2011–), 1011, 28
non-recognition of Assad regime, 17
Russian operation in (against ISIS, 2015–), 12, 1011, 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, 6364
existing legal framework as to requests for, 128131
invocation of consent, 132136
invocation of consent to intervention against, 132136
problems of claims of consensual interventions against, 136138
terrorism view of consensual intervention
applicability of, 268269
contemporary context of, 249250
overview of, 188189
Security Council’s view of, 249250, 269
support from State practice, 209212
terrorist group participation in author-analysed conflicts, 211212
The Gambia
Restore Democracy, operation (by ECOWAS in The Gambia, 2017). See pro-democratic intervention
third State
intervention and notion of, 3839
laws of war and recognition of intervention, 3941
treaties, consent and law of treaties, 67
trialogue method of analysis, 2021, 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, 3237
and non-intervention principle, 3435
and Venezuelan constitutional crisis (2019), 27
on consent and the use of force, 5464
on piracy control measures as acts of force, 6063
prohibition of use of force, 29
United States (US)
and Venezuelan constitutional crisis (2019), 2628
Inherent Resolve, operation (in Iraq v. ISIS, 2014–). See Islamic State in Iraq and al-Sham (ISIS)
Iraqi invasion of Kuwait (1990), 7879
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), 6364
Uphold Democracy, Operation (in Haiti, 1994), 8788
Urgent Fury, operation (in Grenada, 1983), 55
weapons supplies to Syrian opposition groups, 18, 84
use of force
and consensual intervention, 5464, 101
coercion and intervention, 4749
laws of war and recognition of, 3237
testing of foundational assumptions of prohibition, 9899
Vecchio, Carlos A., 26, 27
Venezuela, constitutional crisis (2019), 8, 2628
volenti non fit iniuria, 4
weapons, arming of opposition, prohibition of, 1819
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
×