State Consent to Foreign Military Intervention during Civil Wars

2022 ◽  
Author(s):  
Seyfullah Hasar
Author(s):  
De Wet Erika

This chapter examines whether the right to self-determination in international law prevents military intervention on the side of the recognized government during a civil war. Post-Cold War state and organizational practice does not convincingly support the claim that direct military assistance at the request of a recognized government is prohibited during a civil war, otherwise known as a ‘non-international armed conflict’ (NIAC). Attempts to explain current state practice by means of counter-terrorism and counter-intervention exceptions to a general prohibition of such assistance also is not grounded in state or organizational practice, nor are such exceptions viable in practice. Instead, state and organizational practice seems to confirm the right of recognized governments to request military assistance from third states, also during civil wars/NIACs, as long as they retain their recognized, de jure status. The potential lack of ‘representativeness’ in such a situation does not seem to limit the extent to which the de jure government can act on behalf of the state (and its people) in matters pertaining to the use of force.


Author(s):  
Eustina Macheka ◽  
Kurebwa Jeffrey

The study sought to understand the justification of NATO’s intervention in Libya and implications on regional security. Qualitative research methodology was used in the study. Primary and secondary data sources were used to collect data. The findings of the study indicated that NATO’s military intervention in Libya was not justified and failed to promote peace and security. Research findings further showed that the intervention was based on self-interest. The intentions of NATO in Libya were far-fetched and heavily undermined the doctrines of the Responsibility to Protect (R2P) and humanitarian intervention. The research findings indicated that NATO intervened in Libya for regime change, imperialism and to benefit from the oil resource. Libyan citizens benefitted nothing from the intervention. The study argues that Libyans suffered economic, socio-political and religious effects. The intervention by NATO fuelled civil wars, violence, religious conflicts and terrorism.


Author(s):  
Zachary C. Shirkey

Military intervention into interstate and civil wars is both common and important. It lengthens wars, makes them more severe, and shapes how they are fought. Even the mere possibility of intervention can alter the course of a war as belligerent powers alter their strategies to either encourage or dissuade potential interveners. These effects of military intervention are found in both civil and interstate wars. Yet, is state intervention into interstate and civil wars essentially one phenomenon or are they distinct phenomena? By looking at which states are likely to intervene, why and when they intervene, and which wars are most likely to experience intervention, it becomes clear the similarities between state military intervention into civil and interstate wars are more significant than are the differences. In other words, despite some important differences, they are subsets of the same phenomenon. In both types of wars, allies, geographically proximate states, and great powers are more likely to intervene. Also, information revealed by events within both types of wars prompts intervention and explains its timing. Last, wars in which international organizations become involved, both civil and interstate, are more likely to experience intervention. There are, however, important differences notably in the areas of cross-border ethnic ties, the presence of great powers in the war, the use of non-state proxies, and wars caused by commitment problems.


2019 ◽  
Vol 23 (2) ◽  
pp. 232-241
Author(s):  
Fred H. Lawson

Studies of the impact of foreign military intervention on the duration of civil wars most often fail to distinguish conflicts in which a single external state intervenes from those in which several outside states intervene. One influential quantitative analysis that does explore this distinction (Cunningham, Journal of Peace Research 47(2), 115–127, 2010) focuses primarily on whether or not the interests and preferences of the intervening state(s) coincide with those of prominent local actors. By revising this study’s dataset to clarify the distinction between single-state interventions and multiple-state interventions, it can be demonstrated that the latter are associated with lengthier wars than the former. Both types of foreign military interventions are correlated with civil wars that last longer than average.


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