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

Faṣlnāmah-i Pizhūhish-i Huqūq-i ̒Umūmī. 2017;18(54):289-317 DOI 10.22054/QJPL.2017.7435

 

Journal Homepage

Journal Title: Faṣlnāmah-i Pizhūhish-i Huqūq-i ̒Umūmī

ISSN: 2345-6116 (Print)

Publisher: Allameh Tabataba'i University Press

Society/Institution: Allameh Tabataba'i University

LCC Subject Category: Law: Islamic law

Country of publisher: Iran, Islamic Republic of

Language of fulltext: Persian

Full-text formats available: PDF

 

AUTHORS

Majid Nikouei
msoud zamani

EDITORIAL INFORMATION

Double blind peer review

Editorial Board

Instructions for authors

Time From Submission to Publication: 8 weeks

 

Abstract | Full Text

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.