Examining the Legality of Intervention by Invitation: A Critical Approach to Interventions in Mali, Ukraine, Syria and Yemen

Abstract

Intervention by invitation is one of the most controversial practices that often takes place in internal crises. Governments debilitated by internal armed conflicts, resort to inviting their allies in order to reconsolidate their lost power and reassemble their territorial control. The validity of this invitation, however, has been a bone of contention. In this regard, ‘Effective control’ and ‘democratic legitimacy’ are the two established tests for examining such validity. The traditional standard of effective control suggests that the host government shall be able to exercise a minimum degree of control over its territory. On the other hand, the democratic legitimacy criterion, puts an emphasis on the origins of power. This means that, despite the significant losses of territorial control, the invitation of a democratic government must still be considered as valid. Also, in practice intervention upon invitation bears a close proximity to the legal issues associated with ‘collective self-defense’. With a view to these issues, this article critically analyses the practice of international community surrounding the practice of intervention by invitation.

Keywords

• intervention by invitation
• effective/de facto control
• popular/democratic legitimacy
• collective self-defense
• use of force