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Part IV Action on Behalf of Peoples and Populations, Ch.36 Pro-Democratic Intervention

David Wippman

From: The Oxford Handbook of the Use of Force in International Law

Edited By: Marc Weller

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 31 May 2023

Collective security — International peace and security — Armed forces — UN Charter — Treaties, interpretation — Ethnic cleansing — Genocide — Gravity of offences — Crimes against humanity

This chapter examines the debates concerning pro-democratic intervention and its implications for the use of force in international relations. It begins by looking at the disagreement over the nature of governmental legitimacy before turning to the legal bases of pro-democratic intervention such as UN Security Council-authorized interventions and interventions by contemporaneous invitation of sitting or recently ousted officials. Interventions by regional organizations and interventions combining two or more of these forms are also discussed. In addition, the chapter considers consent, either by an ousted government or through the use of treaties by regional and sub-regional organizations to authorize military intervention in advance under specified circumstances. Finally, it analyses post-Charter treaties of guarantee and pro-democratic intervention pacts in Africa.

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