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E-book
Author Lieblich, Eliav

Title International Law and Civil Wars : Intervention and Consent
Published Hoboken : Taylor and Francis, 2013
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Description 1 online resource (304 pages)
Series Law, Conflict and International Relations
Law, conflict and international relations.
Contents Cover; International Law and Civil Wars; Title Page; Copyright Page; Table of Contents; Selected case law; Selected UN resolutions and treaty body documents; Selected treaties; Acknowledgments; Abbreviations; Introduction; 1 The dynamics of consensual intervention; 1 The wide spectrum of consensual intervention; 2 Consent: the distinction between external validity and internal consent power; 3 Exemplifying the dynamics of intervention and consent: Congo 1996-2010; 4 Consent and Security Council authorized interventions: a complex interaction
1 The League of Nations system and the use of force: from the balance of power to the power of procedure2 The Kellogg-Briand Pact: towards a universal prohibition on war; 3 The use of force in the inter-war period and consensual intervention: a departure from intervention as choice; 4 The Spanish Civil War and the crisis of the traditional law of internal armed conflict; 6 The preference of governments: from dichotomy to rebuttable presumption; 1 Enter the UN Charter: state consent as an exception to the prohibition on the use of force
2 Containment, d├ętente, roll-back:Cold War doctrines of intervention3 The strict-abstentionist approach; 4 The rebuttable presumption in favor of governments; 7 The scope of government consent power: general thresholds; 1 Intervention and consent in the twenty-first century: territorial effectiveness, mass atrocities and transnational terrorism; 2 Threshold questions; 3 Counter-intervention:a defense claim for loss of effective control over territory; 8 From effective control over territory to effective protection of civilians
4 Internal armed conflicts and consent in the war-prerogative era and effectiveness as a source of rights1 General; 2 The use of force in the era of the war-prerogative; 3 Effective control as a source of rights: the belligerency doctrine; 4 Effective control as a source of rights: the insurgency doctrine; 5 The non-relation between belligerency, insurgency and consensual intervention; 6 The amoral dynamics of the American Civil War; 5 Intervention and consent in the inter-war period and the fragmentation of traditional doctrines
4 Internal armed conflicts: a working definition and basic typology2 The concepts of intervention and internal armed conflict; 1 A legal discourse of intervention; 2 The shifting meaning of the principle of non-intervention; 3 Typology of intervention; 3 The modalities of forcible intervention; 1 The "normative duality" of forcible intervention; 2 Defining unilateral forcible intervention: scope, means and state attribution; 3 Multilateral forcible intervention by UN mandated forces; 4 The question of arms transfers to parties in internal armed conflicts
Summary This book examines the international law of forcible intervention in civil wars, in particular the role of party-consent in affecting the legality of such intervention. In modern international law, it is a near consensus that no state can use force against another - the main exceptions being self-defence and actions mandated by a UN Security Council resolution. However, one more potential exception exists: forcible intervention undertaken upon the invitation or consent of a government, seeking assistance in confronting armed opposition groups within its territory. Although the latter
Notes 1 The emergence of protection of civilians as a fundamental principle of international law
Print version record
Subject Civil war.
Intervention (International law)
Civil war.
Intervention (International law)
LAW -- International.
Form Electronic book
ISBN 1135069220
9781135069223