Military Assistance on Request and the Use of Force

In countries such as Syria, Iraq, South Sudan, and Yemen, internationally recognized governments embroiled in protracted armed conflicts, and with very little control over their territory, have requested direct military assistance from other states. These requests are often accepted by the other states, despite the circumvention of the United Nations Security Council and extensive violation of international humanitarian law and human rights. In this book, Erika De Wet examines the authority entitled to extend a request for (or consent to) direct military assistance, as well as the type of situations during which such assistance may be requested, notably whether it may be requested during a civil war. Ultimately, De Wet addresses the question of if and to what extent the proliferation of military assistance on the request of a recognized government is changing the rules in international law applying to the use of force.

1 - Introduction
2 - The authority entitled to extend an invitation for direct military assistance
3 - Direct military assistance on request during civil wars
4 - Direct military assistance to incumbent governments implicated in violations of international humanitarian and/or human rights law
5 - Formal requirements for valid consent to direct military assistance
6 - The relationship between military assistance on request and the right to individual or collective self-defence
7 - Conclusion

Erika de Wet is Professor of International Law in the Faculty of Law of the University of Graz, Austria. She is also Honorary Professor in the Faculty of Law, University of Bonn, Germany. She was the SARChI Professor of International Constitutional Law, University of Pretoria, South Africa. She was also founding Co-Director of the Institute for International and Comparative Law at the Universits of Pretoria. She was also tenured Professor of International Constitutional Law at the Amsterdam Center for International Law. Erika de Wet completed her B. Iur and LL.B as well as her LL.D at the University of the Free State (South Africa). She holds an LL.M from Harvard University and completed her Habilitationsschrift at the University of Zurich. She is currently is a member of the Scientific Advisory Board for Development Policy of the Max Planck Foundation for International Peace and the Rules of Law; and the General Council of the International Society of Public Law (ICON*S).