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The Use of Force in International Law - A Case-Based Approach edited by Ruys, Tom; Corten, Olivier; Hofer, Alexandra (17th May 2018)

Part 1 The Cold War Era (1945–89), 15 The Indian Intervention into (East) Pakistan—1971

Dino Kritsiotis

From: The Use of Force in International Law: A Case-Based Approach

Edited By: Tom Ruys, Olivier Corten, Alexandra Hofer

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 23 August 2019

Subject(s):
Precedent — International humanitarian law — Humanitarian intervention

This contribution discusses the 1971 Indian intervention in east Pakistan. It sets out the facts and context of the crisis, the legal positions of the main protagonists (India and Pakistan), and the international community’s reactions. It then tests the legality of the Indian intervention against the international legal framework governing the use of force as it stood at the time of the events. The final section examines if, and to what extent, the case has had an impact on the further development of the jus ad bellum, in particular whether it is a precedent for humanitarian intervention.

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