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Intervention in Civil Wars: Effectiveness, Legitimacy, and Human Rights

Intervention in Civil Wars: Effectiveness, Legitimacy, and Human Rights

Author: Chiara Redaelli
Publisher: Hart Publishing
ISBN: 9781509947058

Published In: October 2022
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Hardback Edition ISBN: 9781509940547

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This book investigates the extent to which traditional international law regulating foreign interventions in internal conflicts has been affected by the human rights paradigm. Since the adoption of the Charter of the United Nations, foreign armed interventions in internal conflicts have turned into a common practice. At first sight, it might seem that state practice has developed in a chaotic fashion, however on closer examination, specific patterns emerge. The book charts these patterns by examining the traditional doctrines of intervention and testing them against state practise.

The book has two aims. Firstly, it seeks to clarify the current legal framework regulating interventions in internal conflicts. Secondly, it plots the emergence of new trends and investigates whether they are becoming part of positive international law. By taking this dual focus, it offers the first truly comprehensive examination of foreign interventions in internal conflicts.

PART I: SOVEREIGNTY, INTERVENTION, AND HUMAN RIGHTS: THE EVOLUTION OF A CLOSE RELATIONSHIP

1. Interventions in Internal Conflicts in the Pre-Charter Era

I. The Use of Force as Crucial Prerogative of State Sovereignty: From Bellum Justum Doctrines to the Right to War

A. Just War Doctrines

B. The Right to Wage War

II. The Emergence of the Principle of Non-intervention as Fundamental Rule Protecting Sovereignty

III. Interventions in Internal Conflicts before the General Ban on the Use of Force

IV. Concluding Observations

2. Intervention and Use of Force in the United Nations Era

I. Interventions in Internal Conflicts

II. The Ban on the Use of Force

III. Non-intervention, Sovereignty, and Human Rights

IV. Concluding Observations

PART II: INTERVENTIONS IN FAVOUR OF GOVERNMENTS

3. Interventions by Invitation between Legitimacy and Effectiveness

I. Intervention by Invitation: The Legal Framework

II. Negative Equality or Strict Abstentionism Approach

III. The Purpose-based Approach

IV. Effectiveness Doctrine: De Facto Control as Requisite to Express a Valid Consent

V. Democratic Entitlement Doctrine: The Preference for Democratic Governments

VI. Concluding Observations

4. Intervention by Invitation and Governmental (Il)legitimacy: Rethinking the Traditional Approaches

I. Governmental Legitimacy: Legitimacy of Origin and Legitimacy of Exercise

II. Democratic but Ineffective Governments

III. Undemocratic Regimes and Effectiveness

IV. The Role of Domestic Constitutional Orders in International Law

V. Concluding Observations

5. Interventions in Favour of Governments Committing Gross and Systematic Violations of Human Rights

and Humanitarian Law

I. Protection of Individuals and Legitimacy: Framing the Discussion

II. Illegitimate Governments and the Question of Consent Power

III. Limitations to the Possibility to Intervene in Favour of Governments that Commit Gross and Systematic

Violations of Human Rights

IV. Humanitarian Assistance and the Consent of the Government

V. Concluding Observations

PART III: INTERVENTIONS IN FAVOUR OF REBELS

6. Legitimacy of Rebels in International Law

I. National Liberation Movements as Legitimate Representatives of a People

II. Legitimising Rebels Outside the Decolonisation Context: New Wine in Old Bottles?

III. Concluding Observations

7. Use of Force by and against Legitimate Rebels: Towards the Emergence of a Jus ad Bellum Applicable to Internal Armed Conflicts?

I. State Use of Force and Legitimate Rebels

II. Legitimate Rebels and the Use of Force

III. Concluding Observations

8. Interventions in Favour of Rebels and Human Rights

I. Rebels' Recognition and Foreign Interventions

II. Helping Rebels in the Exercise of their Right to Self-determination

III. Responsibility to Protect and Interventions in Favour of Rebels

IV. Concluding Observations

9. Conclusions

I. The Shift from Legitimacy to Effectiveness and Back

II. The Dangers of Legitimacy

III. A Final Word

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