Foreign Armed Intervention in Internal Conflict

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Martinus Nijhoff Publishers, Oct 8, 1993 - Law - 234 pages
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The main aim of this book is to inquire into the system of norms regulating the internationalization' of internal conflicts. The traditional distinction between international and internal conflict, which entails different legal consequences, is in practice very difficult to detect due to the presence, in many instances, of elements typical of both situations. Through a careful and extraordinarily useful examination of all relevant cases of internationalized' internal conflict since 1956, the validity of the traditional framework of rules concerning foreign intervention in internal conflict is reassessed. At the same time, the applicability to these situations of the rules typical of international conflicts are analyzed with a view to providing the existence of a "continuum" between the two situations, not only as a matter of fact but also with respect to their legal regulation.
 

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Contents

Preface
1
Principal Justifications for Foreign Armed Intervention
13
SelfDefence
51
viii
58
Additional Justifications for Foreign Armed Intervention
99
Armed Intervention for the Protection of Nationals Abroad
116
The Alleged Right of CounterIntervention
126
Conclusions
135
United StatesCuba 1961
156
FranceGabon 1964
157
United StatesBelgium Congo 1964
158
United StatesDominican Republic 1965
159
USSR And Warsaw Pact Countries Czechoslovakia 1968
160
FranceChad 1968
162
IndiaEastern Pakistan Bangladesh 1971
163
Turkey Cyprus 1974
164

Uncertainties and Loopholes in the Existing Legal Regulation
137
Legitimacy as the Legal Basis for Consent and its Evolution
138
The SelfDefensive Character of Most Armed Interventions
140
Growing Importance of Peoples visavis Governments
141
Pursuit of International Peace and Protection of State Sovereignty
142
the NonEscalation Principle
143
The Unimpaired Validity of the Charter System
145
A Ban on Force as the Way to Achieve World Peace Does it Work?
147
List of Cases
149
United Kingdom Sultanate Of Muscat Oman 1957
150
United KingdomJordan 1958
151
United States Lebanon 1958
153
Belgium Congo 1960
154
Indonesia East Timor 1975
166
Cuba And South AfricaAngola 1976
167
FranceMoroccoZaire 1977
169
FranceBelgium Zaire 1978
170
France Chad 1978
172
Vietnam Cambodia 19781979
173
Tanzania Uganda 19781979
174
Libya Chad 19791980
175
USSRAfghanistan 1979
176
Bibliography
197
Index
229
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