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Oxford Law Citator
Contents
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Preliminary Material
Acknowledgements
Contents
List of Abbreviations
Main Text
1 Introduction
1 Introducing the concept
2 Key legal controversies and chapter outline
3 Methodology, delimitation, and terminology
2 The Authority Entitled to Extend an Invitation for Direct Military Assistance
1 Introduction
2 The illegality of (direct) military support to opposition groups
3 Determining the de jure government: effective control versus democratic legitimacy
3.1 Institutional reform and practice within the OAS
3.2 Practice in the pre-IADC era
3.2.1 Practice in the post-IADC era
3.3 Institutional reform and practice within the African Union
3.3.1 Practice sanctioning unconstitutional change of government
3.3.2 Practice condoning unconstitutional change of government
3.4 Placing the implications of the OAS and AU practice in a global perspective
4 The continued de jure status of governments once recognized
5 Conclusion
3 Direct Military Assistance on Request During Civil Wars
1 Introduction
2 The doctrinal debate
3 Forcible assistance on request by international organizations
3.1 SADC
3.2 ECOWAS
3.3 AU
4 Forcible military assistance on request by (coalitions of) individual states
4.1 Afghanistan
4.2 Iraq
4.3 Somalia
4.4 South Sudan
4.5 Mali (and the Sahel region)
4.6 Yemen
4.7 Syria
4.8 Libya
5 Implications for the existence of a prohibition of military assistance during a civil war
6 Conclusion
4 Direct Military Assistance to Incumbent Governments Implicated in Violations of International Humanitarian and/or Human Rights Law
1 Introduction
2 Recipient governments implicated in widespread violations of human rights and humanitarian law
3 Threshold requirements of article 16 ASR
3.1 Nexus between the aid or assistance provided and the internationally wrongful act
3.2 Knowledge of the circumstances
3.3 Intent
3.4 Knowledge and intent in the case of serious violations of peremptory obligations
4 Legal consequences of complicity under article 16 ASR for direct military support
5 Conclusion
5 Formal Requirements for Valid Consent to Direct Military Assistance
1 Introduction
2 The state organs competent to issue and withdraw consent
3 Freely expressed consent
4 Clearly established (withdrawal of) consent
5 The implications of the timing of consent
5.1 Ex ante consent within the AU security framework
5.2 Ex ante consent within the ECOWAS security framework
5.3 The absence of ex ante consent within the SADC security framework
6 Conclusion
6 The Relationship Between Military Assistance on Request and the Right to Individual or Collective Self-Defence
1 Introduction
2 The invocation of the right to self-defence by states
3 Reactions of other states
4 Implications for attribution of conduct within the self-defence paradigm
4.1 Expansive attribution to states of armed attacks
4.2 Limited attribution to non-state actors of armed attacks
5 Implications for military assistance on request
6 Conclusion
7 Conclusion
1 The limited requirements for military assistance on request under customary international law
2 The erosion of the prohibition of the use of force and collective security?
Further Material
Selected Bibliography
Index
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Contents
From:
Military Assistance on Request and the Use of Force
Erika De Wet
Content type:
Book content
Product:
Oxford Scholarly Authorities on International Law [OSAIL]
Published in print:
26 March 2020
ISBN:
9780198784401
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18.206.13.203