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Oxford Law Citator
Contents
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Preliminary Material
Table of Contents
Table of Cases
European Court of Human Rights (ECtHR)
Extraordinary Chambers in the Courts of Cambodia (ECCC)
International Court of Justice (ICJ)
International Criminal Tribunal for the Former Yugoslavia (ICTY)
Table of Legislation
United Nations Charter
United Nations General Assembly
United Nations Security Council
Other International Instruments
Regional Instruments
Bilateral Instruments
National Instruments
Côte d’Ivoire
Cyprus
Georgia
India
Russian Federation
United States
USSR
List of Contributors
Main Text
1 Introduction: The Jus Contra Bellum and the Power of Precedent
2 The Caroline Incident—1837
I Facts and Context
II The Positions of the Main Protagonists and the Reaction of Third States and International Organizations
III Questions of Legality
IV Conclusion: Precedential Value
Part 1 The Cold War Era (1945–89)
3 The Korean War—1950–53
I Facts and Context
II The Positions of the Main Protagonists and the Reaction of Third States and International Organizations
1 The initial conflict
2 Crossing the 38th parallel
3 Uniting for Peace
4 Chinese intervention
5 Armistice
III Questions of Legality
1 Inter-state or civil war?
2 Collective self-defence or collective security?
3 Legality under the UN Charter
4 Intervention by the PRC
IV Conclusion: Precedential Value
4 The Suez Crisis—1956
I Facts and Context
II The Positions of the Main Protagonists and the Reaction of Third States and International Organizations
1 The first stage of the crisis: Israel invades Egypt
2 Second stage of the crisis: the French and British forces carry out their ultimatum
III Questions of Legality
1 Israel’s self-defence claim
2 The Franco-British ‘police action’
IV Conclusion: Precedential Value
5 The Soviet Intervention in Hungary—1956
I Facts and Context
II The Positions of the Main Protagonists and the Reaction of Third States and International Organizations
1 Competence of the UN to address the crisis
2 Discussions in the UNSC prior to the 28 October shift in Hungary’s position
3 Discussions in the UNSC after the 28 October shift in Hungary’s position
4 Debates in the General Assembly after Hungary again changes its position on 4 November
5 Report of the Special Committee on Hungary
III Questions of Legality
1 The Hungary intervention between strict abstentionism and government preference
2 Consent by Gerő, Nagy, or Hegedüs on 23/24 October
3 The Warsaw Pact as an Intervention Treaty
4 Retroactive consent by Nagy prior to the shift in his position
5 The 28 October shift and explicit withdrawal of consent
6 Kádár’s consent of 4 November
IV Conclusion: Precedential Value
6 The U-2 Incident—1960
I Facts and Context
II The Positions of the Main Protagonists and the Reaction of Third States and International Organizations
1 Position of the main protagonists
2 Reaction of third states and international organizations
III Questions of Legality
1 Espionage
2 The principle of sovereignty over airspace
3 Definition of aggression
IV Conclusion: Precedential Value
7 The Belgian Intervention in the Congo—1960 and 1964
I Facts and Context
II The Positions of the Main Protagonists and the Reaction of Third States and International Organizations
1 The 1960 intervention
2 The 1964 intervention
III Questions of Legality
IV Conclusion: Precedential Value
8 The Indian Intervention in Goa—1961
I Facts and Context
II The Positions of the Main Protagonists and the Reaction of Third States and International Organizations
III Questions of Legality
IV Conclusion: Precedential Value
9 The Cuban Missile Crisis—1962
I Facts and Context
II The Positions of the Main Protagonists and the Reaction of Third States and International Organizations
III Questions of Legality
IV Conclusion: Precedential Value
10 The Gulf of Tonkin Incident—1964
I Facts and Context
II The Positions of the Main Protagonists and the Reaction of Third States and International Organizations
III Questions of Legality
IV Conclusion: Precedential Value
11 The US Intervention in the Dominican Republic—1965
I Facts and Context
II The Positions of the Main Protagonists and the Reaction of Third States and International Organizations
1 Legality of the unilateral US action (28 April to 6 May 1965)
2 The legality of sending the IAPF by the OAS
III Questions of Legality
1 The first phase of unilateral US action
(a) Intervention by invitation?
(b) Justification by a ‘no second Cuba-Doctrine’?
(c) Justification as a measure for the rescue of US or other foreign nationals
2 The IAPF in the second phase
IV Conclusion: Precedential Value
12 The Six Day War—1967
I Facts and Context
II The Positions of the Main Protagonists and the Reaction of Third States and International Organizations
1 Positions of the main protagonists
2 Reaction of the international community
III Questions of Legality
IV Conclusion: Precedential Value
13 The Intervention in Czechoslovakia—1968
I Facts and Context
1 The historical context and the political situation of Czechoslovakia
2 The ‘Prague Spring’
3 The decision-making in the Soviet Union and the reaction of the other socialist states at the eve of the invasion
4 Operation Danube
II The Positions of the Main Protagonists and the Reactions of Third States and International Organizations
1 The position of the main protagonists
(a) The consent
(b) The threat to the security of the ČSSR and other socialist states
(c) Defence against counter-revolutionary acts
(d) The duty to defend socialist internationalism
2 The reactions of third states and the discussions in the Security Council
III Questions of Legality
1 General assessment
2 The refutation of the grounds of justification
(a) Consent
(b) Self-defence and counter-revolutionary activities
(c) Socialist international law
IV Conclusion: Precedential Value
14 The USS Pueblo Incident—1968
I Facts and Context
II The Positions of the Main Protagonists and the Reactions of Third States and International Organizations
III Questions of Legality
1 Law of the sea
2 Jus ad bellum
IV Conclusion: Precedential Value
15 The Indian Intervention into (East) Pakistan—1971
I Facts and Context
II The Positions of the Main Protagonists and the Reaction of Third States and International Organizations
III Questions of Legality
IV Conclusion: Precedential Value
16 The Yom Kippur War—1973
I Facts and Context
II The Positions of the Main Protagonists and the Reactions of Third States and International Organizations
1 Position of the main protagonists
2 Positions of third states and international organizations
III Questions of Legality
IV Conclusion: Precedential Value
17 Turkey’s Intervention in Cyprus—1974
I Facts and Context
II The Positions of the Main Protagonists and the Reactions of Third States and International Organizations
III Questions of Legality
1 Right to intervene under the Treaty of Guarantee
2 Self-defence
3 Right to protect nationals in another state
4 Humanitarian intervention
IV Conclusion: Precedential Value
18 The Mayaguez Incident—1975
I Facts and Context
II The Position of the Main Protagonists and the Reaction of Third States and International Organizations
III Questions of Legality
IV Conclusion: Precedential Value
19 The Entebbe Raid—1976
I Facts and Context
II The Positions of the Main Protagonists and the Reaction of Third States and International Organizations
III Questions of Legality
IV Conclusion: Precedential Value
20 The Larnaca Incident—1978
I Facts and Context
II The Positions of the Main Protagonists and the Reaction of Third States and International Organizations
III Questions of Legality
1 State consent
2 The concept protection of nationals abroad under international law
(a) Protection of nationals does not amount to a use of force ‘against the territorial integrity or political independence’ of a state
(b) Protection of nationals as an exercise of the right of self-defence
3 Applying the protection of nationals parameters
(a) An imminent threat to the hostages?
(b) Failure or inability of territorial state to protect the hostages?
(c) Measures strictly confined to protecting the hostages against injury?
IV Conclusion: Precedential Value
21 The Vietnamese Intervention in Cambodia—1978
I Facts and Context
II The Positions of the Main Protagonists and the Reaction of Third States and International Organizations
1 Reactions of the parties to the conflict
2 Reactions of third states and international organizations
III Questions of Legality
1 Self-defence
2 Intervention by invitation
3 Humanitarian intervention
IV Conclusion: Precedential Value
22 The Ugandan–Tanzanian War—1978–79
I Facts and Context
1 Uganda’s independence from British rule (1962–71)
2 The rise of Idi Amin Dada (1971–78)
3 The annexation of the Kagera Salient and Tanzania’s response (1978)
II The Positions of the Main Protagonists and the Reaction of Third States and International Organizations
1 Tanzania’s position on the use of force against Uganda
2 The reaction of the international community
III Questions of Legality
1 Self-defence
2 Humanitarian intervention
IV Conclusion: Precedential Value
23 Operation Litani—1978
I Facts and Context
II The Positions of the Main Protagonists and the Reaction of Third States and International Organizations
1 Israel
2 Lebanon
3 The Palestine Liberation Organization (PLO)
4 Jordan
5 United States
6 Syria
7 Libya
8 Egypt
9 Kuwait
10 The United Nations
III Questions of Legality
1 Using force in anticipatory self-defence
2 Reprisals
3 Using force in response to acts of terrorism/attacks by armed bands
IV Conclusion: Precedential Value
24 The Lebanon War—1982
I Facts and Context
II The Positions of the Main Protagonists and the Reaction of Third States and International Organizations
1 Israel
2 Lebanon
3 The PLO
4 The United States
5 The United Nations
III Questions of Legality
IV Conclusion: Precedential Value
25 The Soviet Intervention in Afghanistan—1979–80
I Facts and Context
II The Positions of the Main Protagonists and the Reaction of Third States and International Organizations
1 USSR
2 Afghanistan
3 United Nations
4 Individual states
5 Reactions in other fora
III Questions of Legality
1 Intervention by invitation
2 Article 4 of the Treaty of Friendship between the Soviet Union and Afghanistan
3 Right of collective self-defence
4 Right of individual self-defence
IV Conclusion: Precedential Value
26 The US Hostage Rescue Operation in Iran—1980
I Facts and Context
II The Positions of the Main Protagonists and the Reaction of Third States and International Organizations
III Questions of Legality
IV Conclusion: Precedential Value
27 The Iran–Iraq War—1980–88
I Facts and Context
II The Positions of the Main Protagonists and the Reaction of Third States and International Organizations
III Questions of Legality
IV Conclusion: Precedential Value
28 Israel’s Airstrike Against Iraq’s Osiraq Nuclear Reactor—1981
I Facts and Context
II The Positions of the Main Protagonists and the Reaction of Third States and International Organizations
III Questions of Legality
1 The right of self-defence
2 Alternative legal bases
IV Conclusion: Precedential Value
29 The US Intervention in Nicaragua—1981–88
I Facts and Context
1 Background
2 Facts
II The Positions of the Main Protagonists and the Reaction of Third States and International Organizations
1 Position of the main protagonists
(a) Nicaraguan allegation of US breach of the prohibition of the threat or use of force
(b) United States claim of collective self-defence
(c) Nicaraguan claim denying the valid exercise of collective self-defence
2 Reaction of the international community
III Questions of Legality
1 Actus reus: the threat or use of force
2 Justification: self-defence
(a) The existence of an ‘armed attack’ as a precondition
(b) Types of armed attack
(c) Nicaragua’s relationship with the FMLN
(d) Requirements of collective self-defence
(e) Necessity and proportionality
(f) Security Council reporting requirement
IV Conclusion: Precedential Value
30 The Falklands/Malvinas War—1982
I Facts and Context
II The Positions of the Main Protagonists and the Reaction of Third States and International Organizations
1 The first stage of the crisis: Argentina invades the Falkland Islands (Islas Malvinas) and South Georgia
2 Second stage of the crisis: Britain recovers the occupied territories
III Questions of Legality
1 The legality of the Argentinian invasion
2 The legality of the British reaction
IV Conclusion: Precedential Value
31 South African Incursions into Lesotho—1982
I Facts and Context
II The Positions of the Main Protagonists and the Reaction of Third States and International Organizations
III Questions of Legality
IV Conclusion: Precedential Value
32 The Intervention of the United States and other Eastern Caribbean States in Grenada—1983
I Facts and Context
II The Positions of the Main Protagonists and the Reaction of Third States and International Organizations
III Questions of Legality
1 Protection of citizens abroad
2 Activation of regional security mechanisms
3 Intervention by invitation
IV Conclusion: Precedential Value
33 The Israeli Raid Against the PLO Headquarters in Tunis—1985
I Facts and Context
II The Positions of the Main Protagonists and the Reaction of Third States and International Organizations
III Questions of Legality
IV Conclusion: Precedential Value
34 The Killing of Khalil al-Wazir by Israeli Commandos in Tunis—1988
I Facts and Context
II The Positions of the Main Protagonists and the Reaction of Third States and International Organizations
III Questions of Legality
IV Conclusion: Precedential Value
35 The US Strikes Against Libya—1986
I Facts and Context
II The Positions of the Main Protagonists and the Reaction of Third States and International Organizations
1 The debate in the Security Council and failure to adopt a resolution
2 The adoption of a resolution in the General Assembly and position of states
III Questions of Legality
IV Conclusion: Precedential Value
36 The US Intervention in Panama—1989
I Facts and Context
II The Positions of the Main Protagonists and the Reaction of Third States and International Organizations
III Questions of Legality
1 Intervention to protect nationals
2 Intervention on the basis of the Panama Canal Treaties
3 Intervention by invitation
IV Conclusion: Precedential Value
Part 2 The Post-Cold War Era (1990–2000)
37 The ECOWAS Intervention in Liberia—1990–97
I Facts and Context
II The Positions of the Main Protagonists and the Reaction of Third States and International Organizations
III Questions of Legality
IV Conclusion: Precedential Value
38 The Gulf War—1990–91
I Facts and Context
II The Positions of the Main Protagonists and the Reaction of Third States and International Organizations
III Questions of Legality
IV Conclusion: Precedential Value
39 Intervention in Iraq’s Kurdish Region and the Creation of the No-Fly Zones in Northern and Southern Iraq—1991–2003
I Facts and Context
II The Positions of the Main Protagonists and the Reaction of Third States and International Organizations
1 Safe haven
2 No-fly zones
III Questions of Legality
IV Conclusion: Precedential Value
40 The Intervention in Somalia—1992–95
I Facts and Context
II The Positions of the Main Protagonists and the Reaction of Third States and International Organizations
III Questions of Legality
1 Authority under the UN Charter
2 Peace enforcement and peacekeeping
3 The types of mandate and the execution of the mandates in the Somalia operations
IV Conclusion: Precedential Value
41 The Intervention in Bosnia and Herzegovina—1992–95
I Facts and Context
II The Positions of the Main Protagonists and the Reaction of Third States and International Organizations
III Questions of Legality
1 Self-defence
2 Coercive military measures under Chapter VII of the UN Charter in cooperation with regional organizations or arrangements
IV Conclusion: Precedential value
42 The US Airstrike Against the Iraqi Intelligence Headquarters—1993
I Facts and Context
II The Positions of the Main Protagonists and the Reaction of Third States and International Organizations
1 Positions of the main protagonists
2 Reaction of the international community
III Questions of Legality
1 The right to invoke Article 51
(a) ‘Armed attack’ ratione materiae
(i) The relevant ‘self’ in ‘self-defence’
(ii) Sufficient gravity?
(iii) Questions of evidence
(b) ‘Armed attack’ ratione temporis
2 Legality of the response: necessity and proportionality
(a) Necessity
(b) Proportionality
IV Conclusion: Precedential Value
43 The ECOWAS Intervention in Sierra Leone—1997–99
I Facts and Context
II The Positions of the Main Protagonists and the Reaction of Third States and International Organizations
III Questions of Legality
1 Restoration of a democratically elected government
2 Self-defence
3 Humanitarian intervention
4 Intervention by invitation and consent to intervention
5 Retroactive authorization by the Security Council to a regional peacekeeping operation
6 An African exception to the prohibition on the use of force—delegation or assumption of Chapter VII powers by regional organizations
IV Conclusion: Precedential Value
44 The US Strikes in Sudan and Afghanistan—1998
I Facts and Context
II The Positions of the Main Protagonists and the Reaction of Third States and International Organizations
1 The justifications invoked by the United States
2 Reactions to the strikes
III Questions of Legality
1 The legal qualification of the attacks: self-defence or reprisals?
2 The notion of pre-emptive forcible actions
3 The role of unilateral assessment
IV Conclusion: Precedential Value
45 The Eritrean–Ethiopian War—1998–2000
I Facts and Context
1 The opening months of the conflict (May–June 1998)
2 Ensuing two-year conflict (June 1998–May 2000)
3 Ethiopian incursion into Eritrea (May–June 2000)
4 Diplomatic efforts to end the conflict
5 Cessation of hostilities (June 2000) and peace agreement (December 2000)
II The Positions of the Main Protagonists and the Reaction of Third States and International Organizations
1 Ethiopia’s position
2 Eritrea’s position
3 Reactions of third states and international organizations
III Questions of Legality
1 Eritrea’s conduct violated Article 2(4) of the UN Charter
2 Eritrea’s conduct was not self-defence under Article 51 of the UN Charter
3 Eritrea was obligated to pay compensation to Ethiopia
IV Conclusion: Precedential Value
46 The Great African War and the Intervention by Uganda and Rwanda in the Democratic Republic of Congo—1998–2003
I Facts and Context
II The Positions of the Main Protagonists and the Reaction of Third States and International Organizations
1 The claims made by the DRC and the initiation of proceedings before the International Court of Justice (ICJ)
2 The claims made by pro-Kabila states involved in the conflict: Angola, Zimbabwe, Namibia, and Chad
3 The claims made by anti-Kabila states involved in the conflict: Uganda and Rwanda (and Burundi)
4 The positions adopted by international organizations and states not involved in the conflict
III Questions of Legality
1 The legality of the use of force by the anti-Kabila states
2 The legality of the use of force by the DRC
3 The legality of the use of force by the pro-Kabila states
IV Conclusion: Precedential Value
47 The Kosovo Crisis—1999
I Facts and Context
II The Positions of the Main Protagonists and the Reaction of Third States and International Organizations
1 The NATO position
2 The position of NATO member states
3 Reactions by other states and international organizations
4 The position of UN organs
III Questions of Legality
1 Legality under the UN Charter
(a) Article 2(4) of the UN Charter
(b) Authorization by the Security Council
(c) Self-defence under Article 51 of the UN Charter
2 Forcible unilateral humanitarian intervention under customary international law
(a) Existence of a right of forcible unilateral humanitarian intervention
(b) The conditions of an alleged right of forcible unilateral humanitarian intervention
IV Conclusion: Precedential Value
Part 3 The Post 9/11-Era (2001–)
48 The Intervention in Afghanistan—2001–
I Facts and Context
II The Positions of the Main Protagonists and the Reaction of Third States and International Organizations
III Questions of Legality
1 Self-defence against Al Qaeda and the Taliban
2 Long-term use of self-defence to justify years of Operation Enduring Freedom
IV Conclusion: Precedential value
49 The Iraq War—2003
I Facts and Context
1 Legal background: the mandate contained in Resolution 678 (1990)
2 The origin of the ‘material breach argument’
3 Resolution 1441 and its implementation
II The Positions of the Main Protagonists and the Reaction of Third States and International Organizations
1 Justification by the intervening states: United States
2 Justification of the intervening states: United Kingdom
3 Positions of third states and international organizations
III Questions of Legality
IV Conclusion: Precedential Value
50 Israeli Airstrikes in Syria—2003 and 2007
I Facts and Context
II The Positions of the Main Protagonists and the Reaction of Third States and International Organizations
III Questions of Legality
IV Conclusion: Precedential Value
51 The Israeli Intervention in Lebanon—2006
I Facts and Context
II The Positions of the Main Protagonists and the Reaction of Third States and International Organizations
III Questions of Legality
1 The threshold question
2 The scope of self-defence
IV Conclusion: Precedential Value
52 The Turkish Intervention Against the PKK in Northern Iraq—2007–08
I Facts and Context
II The Positions of the Main Protagonists and the Reaction of Third States and International Organizations
III Questions of Legality
1 De minimis threshold for ‘armed attack’?
2 The ratione personae element of Article 51
3 Necessity and proportionality
IV Conclusion: Precedential Value
53 ‘Operation Phoenix’, the Colombian Raid Against the FARC in Ecuador—2008
I Facts and Context
II The Positions of the Main Protagonists and the Reaction of Third States and International Organizations
III Questions of Legality
IV Conclusion: Precedential Value
54 The Conflict in Georgia—2008
I Facts and Context
II The Positions of the Main Protagonists and the Reaction of Third States and International Organizations
III Questions of Legality
IV Conclusion: Precedential Value
55 Israeli Military Operations Against Gaza: Operation Cast Lead (2008–09), Operation Pillar of Defence (2012), and Operation Protective Edge (2014)
I Facts and Context
II The Positions of the Main Protagonists and the Reaction of Third States and International Organizations
1 Operation Cast Lead
2 Operation Pillar of Defence
3 Operation Protective Edge
III Questions of Legality
IV Conclusion: Precedential Value
56 The NATO Intervention in Libya—2011
I Facts and Context
1 Uprising in Libya
2 The adoption of Security Council Resolution 1973 (2011)
3 NATO steps in
II The Positions of the Main Protagonists and the Reaction of Third States and International Organizations
III Questions of Legality
IV Conclusion: Precedential Value
57 US Extra-Territorial Actions Against Individuals: Bin Laden, Al Awlaki, and Abu Khattalah—2011 and 2014
I Facts and Context
1 Osama Bin Laden
2 Anwar al Awlaki
3 Ahmed Abu Khattalah
II The Positions of the Main Protagonists and the Reaction of Third States and International Organizations
1 Initial US statements and international reactions
2 The US legal position on extra-territorial use of force
III Questions of Legality
1 Extra-territorial use of force against non-state actors
2 Al Awlaki
3 Bin Laden
(a) 9/11 armed attack and the right to use force in self-defence
(b) The non-international armed conflict between the United States and Al Qaeda and associated forces
(c) Bin Laden was a senior operative in Al Qaeda who posed an imminent threat
(d) Unwilling or unable
4 Abu Khattalah
IV Conclusion: Precedential Value
58 The Intervention in Côte d’Ivoire—2011
I Facts and Context
1 Build up to the post-2010 election conflict
2 Dispute over the results of the second round of the elections
3 The use of force against Gbagbo
II The Positions of the Main Protagonists and the Reaction of Third States and International Organizations
III Questions of Legality
IV Conclusion: Precedential Value
59 The Intervention of the Gulf Cooperation Council in Bahrain—2011
I Facts and Context
II The Positions of the Main Protagonists and the Reaction of Third States and International Organizations
III Questions of Legality
IV Conclusion: Precedential Value
60 The Ethiopian Military Intervention in Somalia—2011
I Facts and Context
1 Context
2 Facts
II The Positions of the Main Protagonists and the Reaction of Third States and International Organizations
III Questions of Legality
IV Conclusion: Precedential Value
61 The Intervention of France and African Countries in Mali—2013
I Facts and Context
II The Positions of the Main Protagonists and the Reaction of Third States and International Organizations
III Questions of Legality
1 Self-defence
2 Military intervention by invitation
(a) The general legal framework
(b) The validity of the invitation: the ‘representativeness’ of the Malian authorities
(c) The legality of the purpose: permissibility of military assistance to Mali to fight terrorism
3 UNSC authorization
IV Conclusion: Precedential Value
62 Threats of and Actual Military Strikes Against Syria—2013 and 2017
I Facts and Context
II The Threats of Force in Response to the Ghouta Attack in 2013
A The positions of the main protagonists and the reactions of third States and international organizations
B Questions of legality
1 French, UK, and US statements as threats of force falling within the scope of Article 2(4) of the UN Charter
2 Threats of force in violation of Article 2(4) of the UN Charter
3 Can the threats of force be considered lawful even if the use of force contemplated was not?
C Conclusion: precedential value?
III The Actual Use of Force Resorted to in Response to the Khan Shaykhun Attack in 2017
A The positions of the main protagonists and the reaction of third states and international organizations
B Questions of legality
C Conclusion: precedential value?
63 The Crisis in Ukraine—2014
I Facts and Context
II The Positions of the Main Protagonists and the Reaction of Third States and International Organizations
III Questions of Legality
1 Non-violent/treaty-based/self-defence
2 Intervention by invitation
3 Self-determination/humanitarian intervention
IV Conclusion: Precedential Value
64 The Military Operations Against the ‘Islamic State’ (ISIL or Da’esh)—2014
I Facts and Context
II The Positions of the Main Protagonists and the Reaction of Third States and International Organizations
1 The consent of the Iraqi and the Syrian Governments
2 Self-defence
(a) Self-defence as invoked by the intervening states to justify operations in Syria and Iraq
(b) The ambiguous reaction by third states and international organizations
(c) The ambiguities of the UNSC resolutions
III Questions of Legality
1 Interventions based on invitations?
2 Interventions authorized by the Security Council?
3 Actions in self-defence according to Article 51 of the UN Charter?
(a) The ‘unwilling or unable’ argument
(b) The ‘limited sovereignty’ argument
(c) The ‘necessity’ or ‘self-help’ argument
(d) Individual or collective self-defence?
IV Conclusion: Precedential Value
65 The Saudi-led Military Intervention in Yemen’s Civil War—2015
I Facts and Context
II The Positions of the Main Protagonists and the Reaction of Third States and International Organizations
III Questions of Legality
1 Right to collective self-defence pursuant to armed attack(s) against Yemen?
2 Right to individual and collective self-defence pursuant to an (imminent) armed attack against Saudi Arabia?
3 Intervention by invitation
IV Conclusion: Precedential Value
66 The ECOWAS Intervention in The Gambia—2016
I Facts and Context
II The Positions of the Main Protagonists and the Reaction of Third States and International Organizations
III Questions of Legality
1 Intervention by invitation
2 Pro-democratic intervention
3 Security Council authorization
4 The threat of the use of force
IV Conclusion: Precedential Value
Further Material
Index
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List of Contributors
Tom Ruys, Olivier Corten, Alexandra Hofer
From:
The Use of Force in International Law: A Case-Based Approach
Edited By: Tom Ruys, Olivier Corten, Alexandra Hofer
Content type:
Book content
Product:
Oxford Scholarly Authorities on International Law [OSAIL]
Published in print:
17 May 2018
ISBN:
9780198784357
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