Suchergebnisse

Half Title -- Series Information -- Title Page -- Copyright Page -- Contents -- Acknowledgments -- Abbreviations -- Chapter 1 Introduction -- 1 Problem -- 2 Methodology -- 3 Structure -- 4 Preliminary Issues -- 4.1 The Usage of the Term 'Civil War' in Legal Literature -- 4.1.1 niac s in the Sense of Common Article 3 -- 4.1.2 niac s in the Sense of Protocol ii -- 4.1.3 Where Does 'Civil War' Fit in the Binary Framework of Geneva Conventions and What Does the Term Imply in the Context of Consensual Interventions? -- 4.1.4 Determining a Conflict as a Civil War in Practice -- 4.2 Prohibition of Intervention -- 4.2.1 Scholarly Efforts to Reveal an International Legal Regime Governing Resort to Force within Civil Wars -- Chapter 2 'Consent' in the Context of Military Interventions -- 1 Introduction: The Right to Consent to Intervention -- 2 Is Consent a Secondary Rule or Intrinsic to the Primary Rule Itself? -- 3 Consent and the Peremptory Character of the Prohibition of the Use of Force -- 4 Treaty-Based Prospective Consent -- 5 Validity and Limits of Consent -- 5.1 Consent to Be Given Freely -- 5.2 Consent to Be Clearly Established and Actually Expressed -- 5.2.1 Contradictory and Ambiguous Reactions to Intervention -- 5.2.2 Secret Consent -- 5.3 Consent to Be Granted by a State Organ Entitled to Do So -- 5.4 Intervention within the Limits of Consent -- 6 Conclusion -- Chapter 3 Capacity to Consent: Recognition of Governments -- 1 Introduction: The Act of Recognition -- 2 The Doctrine of Effective Control -- 2.1 Irrelevancy of Constitutional Law and the Policy of Not According Formal Recognition -- 2.1.1 Recognition of Guaidó as Interim President of Venezuela -- 2.2 Presumption in Favour of Established Governments during Civil Wars -- 2.2.1 Continued Recognition of the Assad Government in Syria.

Examining the legality of foreign military intervention in internal conflicts with the consent of the government, this book gives and analyses a to-the-point account of post-Cold War State practice with more than 45 incidents of such interventions on a scale neglected in current scholarship. Owing to this account, it also manages to engage in peripheral aspects of the subject overlooked in the literature, such as the impact of an ineffective arms embargo on a consensual intervention, or the consequences of the invocation by an intervening State of both consent and its right to self-defence. The book also examines, among others, the issue of the legal legitimacy and recognition of governments, the rules that can considerably constrain the scope of consensual interventions under certain circumstances, and the challenging and under-addressed implications of consensual interventions for the crime of aggression

In the three decades since the end of the Cold War, there have been at least 47 occasions where States militarily intervened in the internal conflicts of other States at the request of their beleaguered governments. While using force in another State with the consent of its government do not in principle present an immediate challenge to the prohibition on the use of force between States, it is controversial whether a government challenged by an internal conflict or civil war can request foreign military assistance in order to bolster its hand against the opposition. This is due to the alleged implications of such assistance for the Turkish Intervention by Invitation in Libya: Intervention in Civil Wars, the Violation of Ineffective Arms Embargoes and Non-Compliance with Domestic Law 226 DÜHFD, Cilt: 26, Sayı: 45, Yıl: 2021, s. 225-259 principle of the political independence of States and the right to selfdetermination of peoples. Turkey's 2020 intervention in the Libyan conflict at the invitation of the Libyan government reveals highly relevant and ample evidence of State practice and opinio juris – components of customary international law – on the part of both the protagonists, Turkey and Libya, and third States, with regard to this controversy. Given its such importance, this article aims to assess the precedential value of this intervention for the purpose of contributing to determining the state of customary law on the subject, without necessarily attempting to assess all the relevant facts and circumstances in order to reach a conclusive judgement on the lawfulness of the intervention. Another significance of this intervention is that it gives rise to some questions pertinent to the subject but under-addressed and under-conceptualised in the literature. Against the backdrop of this intervention, this article also aims to shed light on these questions. One of them is whether supporting a government in violation of an arms embargo in response to a prior breach of the embargo in support of the opposition can ...