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7 J. on Use Force & Int'l L. 1 (2020)

handle is hein.journals/jufoint7 and id is 1 raw text is: JOURNAL ON THE USE OF FORCE AND INTERNATIONAL LAW Routiedne 2020, VOL. 7, NO. 1, 1-4 https://doi.org/10.1080/20531702.2020.1783867 Taylor &Francis Group I ntrod uction Since the end of the Cold War, jus ad bellum debates have focused by and large on two main bones of contention. First, the vexing issue of the permis- sibility of unilateral humanitarian intervention has surfaced repeatedly in the wake of humanitarian crises in Kosovo, Syria and elsewhere. Second, with the advance of transnational terrorist groups such as Al Qaeda and 'Islamic State' - and, to lesser extent, the proliferation of weapons of mass destruction - the outer boundaries of the right of self-defence have been the subject of ample discussion. The legality of self-defence against attacks by non-state actors in particular has attracted enormous attention among states and international lawyers in the post 9/11 era. By contrast, far less attention has been paid to so-called 'military assistance on request' or - as some would have it 'interven- tion by invitation' (even if the idea of a consensual 'intervention' is, strictly speaking, a contradictio in terminis). It is striking, for instance, that Louise Doswald-Beck's seminal article in the 1985 British Yearbook of International Law remains perhaps the most well-known treatise on the topic.' Recent years have nonetheless seen a striking resurgence of - at times highly problematic - cases of 'military assistance on request', raising impor- tant questions about the legal parameters of this justification for the use of force. Without claiming exhaustivity, recent cross-border military operations that have been justified on the basis of consent include the Saudi-led operation Decisive Storm in Yemen to support President Hadi against the Houthi rebels (2015-ongoing); the Russian intervention in Syria (2015-ongoing) pursuant to a request from the Assad regime; the actions of the US-led coalition against the Islamic State (Operation Inherent Resolve) on Iraqi soil on the invitation of the Iraqi authorities (2014-ongoing); the Kenyan intervention in Somalia (inter alia in the context of Operation Linda Nchi (2011)); France's Operation Serval in Mali (2012-ongoing (now Operation Barkhane)); the 2017 ECOWAS intervention in The Gambia, at the request of President-elect Adama Barrow; the Russian intervention in Crimea (2014), justified in part by reference to an 'Lousie Doswald-Beck, 'The Legal Validity of Military Intervention by Invitation of the Government' (1985) 56 British Yearbook of International Law 189. Other excellent works on the topic have nonetheless been produced in past years, including George Nolte's Eingreifen auf Einladung (Springer, 1999), or, more recently, Eliav Lieblich's International Law and Civil Wars: Intervention and Consent (Routledge, 2013). In addition, the Institut the Droit International has also tackled the topic twice, once in its 1975 Wiesba- den session, and again at the occasion of its 2001 Rhodes session (with Gerhard Hafner serving as Rapporteur). @ 2020 Informa UK Limited, trading as Taylor & Francis Group

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