Consent, Forcible Intervention, and Internal Justification to Use Force

111 Proceedings of the American Society of International Law 222 (2018)

4 Pages Posted: 14 Jun 2017 Last revised: 17 Apr 2018

See all articles by Eliav Lieblich

Eliav Lieblich

Tel Aviv University - Buchmann Faculty of Law

Date Written: April 11, 2017

Abstract

Consent has become an increasingly common legal justification for states that seek to intervene in internal conflicts in other states. While the literature on this issue has increased exponentially in recent years, basic questions remain unanswered. In this brief comment, I focus on two tricky issues in international law: (a) who can consent to the use of military force within a state; and (b) under what circumstances consent can legalize forcible intervention. Concerning the latter question, this contribution identifies a missing link in the discussion: usually, legal discourse deals with the issue of consent in disconnect from the question whether the consenting party's initial resort to force was itself just. In this comment, I suggest a preliminary way to fill this gap: third party intervention would be legal only if the requesting government was itself justified in its first resort to force under international human rights law.

Keywords: International Law, Intervention, Use of Force, International Humanitarian Law, International Human Rights Law, Jus ad Bellum, Non-International Armed Conflict

Suggested Citation

Lieblich, Eliav, Consent, Forcible Intervention, and Internal Justification to Use Force (April 11, 2017). 111 Proceedings of the American Society of International Law 222 (2018), Available at SSRN: https://ssrn.com/abstract=2984518

Eliav Lieblich (Contact Author)

Tel Aviv University - Buchmann Faculty of Law ( email )

Ramat Aviv
Tel Aviv, IL
Israel

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