11.6 Intervention by Invitation

The principle: a state may request another's military assistance — consent as the Charter's bar: intervention by the sovereign's consent is not force against the sovereign. The doctrines: The invitation's validity: the government's invitation — and who is the government: the effective-control test (the classic) with the modern tendency requiring both effectiveness and constitutional pedigree (the coup-government invitations' debate); The civil-war limit (the classical doctrine): no invitation where no functioning government exists or the conflict is a genuine civil war (the post-colonial African practice's rule); the modern softening (the government's continuing right to seek aid against rebels — the Nicaragua dicta; the DRC and Syria invitations as the competing streams); The scope limits: the invited force's confinement to the invited purposes; the territory-and- duration discipline; the withdrawal duty; The invitations' modern corruption: the fabricated or coerced invitation (Ukraine 2022's pretexts — the doctrine's abuse teaching the verification demands). Exam Focus Long questions: "Trace the historical evolution of the outlawry of war from the Kellogg- Briand Pact to the Kampala definition." / "Explain Article 2(4) and its recognized exceptions." / "Explain self-defence with the Caroline criteria and the Nicaragua case's limits." / "Describe the collective security system of Chapter VII and evaluate its performance under the veto." Short questions: jus ad/in/contra bellum; Kellogg-Briand; the Martens Clause; Res 3314's listed acts; the…