Weathering the Storm: Legality and Legal Implications of the Saudi-Led Military Intervention in Yemen

International and Comparative Law Quarterly / Volume 65 / Issue 01 / January 2016, pp 61-98

34 Pages Posted: 3 Nov 2015 Last revised: 27 May 2016

See all articles by Tom Ruys

Tom Ruys

Ghent University - Faculty of Law

Luca Ferro

Ghent University-Universiteit Gent, Faculty of Law

Date Written: November 3, 2015

Abstract

On 26 March 2015, a Saudi-led coalition launched ‘Operation Decisive Storm’ on the territory of the Republic of Yemen following a request by that country’s beleaguered government. Although it received no prior fiat from the UN Security Council and took place amidst a civil war, the intervention met with approval from numerous States, with only few critical sounds. Closer scrutiny nonetheless reveals that the self-defence justification, primarily relied upon, does not provide a convincing legal basis. Moreover, the intervention is problematic from the perspective of the intervention by invitation doctrine and undeniably exposes its indeterminacy and proneness to abuse.

Keywords: Jus ad Bellum, Right to Self-Defence, Intervention by Invitation, Right to Self-Determination, Principle of Non-Intervention

Suggested Citation

Ruys, Tom and Ferro, Luca, Weathering the Storm: Legality and Legal Implications of the Saudi-Led Military Intervention in Yemen (November 3, 2015). International and Comparative Law Quarterly / Volume 65 / Issue 01 / January 2016, pp 61-98. Available at SSRN: https://ssrn.com/abstract=2685567

Tom Ruys

Ghent University - Faculty of Law ( email )

Universiteitstraat 4
Ghent, B-9000
Belgium

Luca Ferro (Contact Author)

Ghent University-Universiteit Gent, Faculty of Law ( email )

Universiteitstraat 4
Ghent
Belgium
+32(0)92649756 (Phone)
+32(0)92646989 (Fax)

HOME PAGE: http://www.grili.ugent.be/members/researchers/luca-ferro

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