The Obligation on an Intervening State to Respect the Host State’s IHL and IHRL Obligations in an Intervention by Invitation: An Analysis of the Saudi Intervention in Yemen

Louis Koen, Brooke Hanson

Abstract


Interventions by invitation of the government have been attracting increasing interest from legal scholars in recent years. This increased interest can be attributed to the increasing frequency at which States, including Saudi Arabia in Yemen, use such invitations as a justification for the use of force in the territory of the host State. This paper considers these scholarly contributions and goes on to assess the limits of consent on which comparatively less scholars have focused. The paper concludes by arguing that the intervening State is constrained in its actions, within the host state, by the IHL and IHRL obligations binding on the host state.


Keywords


CONSENT, VARIATION OF INTERNATIONAL OBLIGATIONS, INTERNATIONAL HUMANITARIAN LAW, INTERVENTION BY INVITATION

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DOI: 10.21827/5b51d5a593268