A “Principle-Based” Approach to Intervention by Invitation in Civil Wars

This contribution challenges the idea of the existence of a one-size-fits-all rule that always prohibits or permits outside forcible intervention upon the request of a government engaged in a civil war. Civil wars are complex situations. It seems quite unrealistic to make abstractions of the “topography” of the conflict between the legal principles concretely at stake in each case. Indeed, if self-determination is the main rationale behind the thesis of strict-abstentionism, an important question to ask is whether self-determination always represents an obstacle to external intervention in civil wars to support the established government. Furthermore, the principle of negative equality is subject to even greater tension in cases of secession. A “principles-based” approach, to be applied on a case-to-case basis, may well provide more balanced legal solutions.