OUVRAGE : D. Kritsiotis, O. Corten, G.H. Fox (eds.), Armed Intervention and Consent

Dino KRITSIOTIS, Olivier CORTEN, Gregory H. FOX

In the past decade, numerous military operations by outside states have relied on the real or alleged 'invitation' of one of the parties. In this book, three experts examine the relevant legal issues, from sovereignty to the scope and relevance of consent, the use of force to the role of the Security of Council. Using critical historical analysis, qualitative case studies and large-N empirics, these topics are debated and addressed in a unique trialogue format. Accommodating the pluralism of the field, the trialogical setting highlights the divergences and commonalities of each of the three approaches. 

Benefiting from an in-depth analysis of recent cases of armed intervention and the diversity of the authors' perspectives, this collection is key to developing a richer understanding of the law of military intervention. This title is also available as Open Access on Cambridge Core.

TABLE OF CONTENTS

Preface

Anne Peters and Christian Marxsen

Introduction

Anne Peters, Principle and Practice of Armed Intervention and Consent

 I. Recent Events and Possible Shifts of the Law 

II. Some Key Issues of Legal Concern

A. The Power to Consent Revisited
B. Legal Limits on the Intervener
C. The Combination of Legal Grounds for Intervention and the Involvement of the UN Security Council

III. The Trialogue Method 

IV. An Overview of the Book

V. In Lieu of Conclusions: Principle and Practice Revisited 

Chapter 1. Dino Kritsiotis, Intervention and the Problematisation of Consent 

I. Introduction 

II. Three Preliminary Matters

A. Force and Intervention: The Laws of the Ius ad Bellum
B. The Third State
C. Method and the Nicaragua Case

III. Intervention, Coercion, and Force

A. Intervention and Coercion
B. Dictatorial Interference
C. Consent and Force

IV. The Limitations of Consent

A. The Basis of Allowability
B. Resolutions of the Institut de droit international
C. Consent within Non-International Armed Conflicts

V. The Function of Consent within the Ius ad Bellum

A. Collective Self-Defence
B. Counter-Intervention
C. Pro-Democratic Intervention
D. Authorisation from the UN Security Council

I. Conclusion 

Chapter 2. Olivier Corten, Intervention by Invitation: The Expanding Role of the UN Security Council 

I. Introduction

A. Legal Conditions: What Legal Effects Exist for the Right of Peoples to Self-Determination?
B. Aim and Methodology

II. Counter-Intervention: The Saudi-Led Intervention in Yemen

A. The Existing Legal Framework: Counter-Intervention and Self-Determination
B. Invocation of Counter-Intervention in the Yemeni Context
C. Problems Raised by the Invocation of Counter-Intervention in the Yemeni Context
D. The Decisive Role of the UN Security Council in the Yemeni Context

III. The Fight against International Terrorism: The War against ISIL in Iraq and Syria

A. The Existing Legal Framework: Self-Determination and the Fight against International Terrorism
B. Invocation of the Fight against International Terrorism in the Iraqi and Syrian Context
C. Problems Raised by the Invocation of the Fight against International Terrorism in the Iraqi and Syrian Context
D. The Decisive Role of the UN Security Council in the Iraqi and Syrian Context

IV. Repression of Secession? The French-Led Intervention in Mali

A. The Existing Legal Framework: Secession and Self-Determination
B. Was the Repression of Secession Invoked in the Malian Context?
C. Problems Raised by the Invocation of Intervention by Invitation in the Malian Context
D. The Decisive Role of the UN Security Council in the Malian Context

V. Protection of Democracy? The ECOWAS Intervention in The Gambia

A. The Existing Legal Framework: Democracy and Self-Determination
B. Was the Protection of Democracy Invoked in the Gambian Context?
C. Problems Raised by the Invocation of Intervention by Invitation in the Gambian Context
D. The Decisive Role of the UN Security Council in the Gambian Context

VI. The Expanding Role of the UN Security Council

A. Towards a Rationalisation of the Appraisal of the Right to Self-Determination of Peoples?
B. A Lawful Practice? What Legal Effects?

Chapter 3. Gregory H. Fox, Invitations to Intervene after the Cold War: Towards a New Collective Model 

I. Introduction

II. The State of Debate

A. The Cold War Setting
B. The Nicaragua View
C. The IDI View
D. The Democratic Legitimacy View
E. Anti-Terrorist Operations

III. Methodology for Assessing Recent State Practice

A. Selecting Conflicts
B. Defining Civil Wars

IV. Post-Cold War Practice: An Overview 

V. UN Security Council Views on the Prevalent Legal Theories

A. The Nicaragua View
B. The IDI View
C. The Democratic Legitimacy View
D. Anti-Terrorism
E. Conclusions

VI. A New Paradigm? The Multilateralisation of Consensual Interventions

A. The Demise of Rules for a Polarised World
B. The Contribution of UN Security Council Practice

VII. Conclusions 

Appendix I. Coding Manual
Appendix II. Cases of Intervention by Invitation, 1990–2017 

Conclusion

Christian Marxsen, Half-Hearted Multilateralisation of a Unilateral Doctrine

I. Limitation: The State of Negative Equality
II. Institutionalisation: The Role of the UN Security Council
III. Legislation? The UN Security Council’s Contribution to Law making
IV. Politicisation: Increasing the Complexities
V. Multilateralisation and Its Limits

Index

Dino KRITSIOTIS, Olivier CORTEN, Gregory H. FOX, Armed Intervention and Consent, Cambridge, Cambridge University Press, 2023 (320 pp.)