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International Law and the Use of Force, 4th Edition by Gray, Christine (15th February 2018)

3 Invitation and intervention

From: International Law and the Use of Force (4th Edition)

Christine Gray

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 15 December 2018

Subject(s):
Terrorism — Use of force, war, peace and neutrality

This chapter focuses on the law concerning the use of force and intervention in internal conflicts such as civil wars. The 1970 Declaration on Friendly Relations (General Assembly Resolution 2625) spelled out the content of the prohibition of the use of force in civil conflicts: every state has the duty not to foment, finance, incite, or tolerate subversive, terrorist, or armed activities directed towards the violent overthrow of the regime of another state and the duty not to interfere in civil strife in another state. The International Court of Justice in the Nicaragua case and in Armed Activities on the Territory of Congo confirmed that these provisions of the Declaration on Friendly Relations were declaratory of customary international law. The chapter shows that in most cases of forcible intervention in a civil war it is not the interpretation but the application of the law that leads to difficulty.

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