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Paper Information

Journal:   JOURNAL OF PUBLIC LAW (LAW RESEARCH QUARTERLY) (LAW & POLITICS RESEARCH JOURNAL)   SUMMER 2011 , Volume 13 , Number 33; Page(s) 165 To 196.
 
Paper: 

THE STUDY OF LEGITIMACY OF INVITING FOREIGN INTERVENTION IN INTERNAL CONFLICTS: WITH EMPHASIS ON THE INTERNATIONAL COURT OF JUSTICE VOTE IN CASE OF "MILITARY ACTIVITIES IN CONGO"

 
 
Author(s):  AZIZI SATTAR*
 
* BU ALI SINA UNIVERSITY
 
Abstract: 

In traditional international Law, if the rebels could take over an important part of the country, other states should assist none of the parties of conflict, and if the level of involvement promoted to the conflict, ie the rebels could control over the country as equal or even beyond the government, and this position was identified by foreign states, then the third government could intervene by the request of each party. A current international law rule in light of the UN Charter has taken a different approach. On the one hand international law institute in resolution 1975, prohibits any foreign intervene in internal conflicts and helping the parties of conflict, but on the other hand, International Court of Justice in the Nicaragua case by separation between government and rebel group; assigned government right to invite foreign countries and called any assistance to rebel group against the rules and principles of international law and (the principle of prohibiting interference). The court in the case of "military activities in Congo territory" again emphasized on their previous procedures.

 
Keyword(s): INVITING FOREIGN INTERVENTION, THE PRINCIPLE OF PROHIBITING INTERVENTION, INTERNAL CONFLICTS, INTERNATIONAL COURT OF JUSTICE, THE CASE OF MILITARY ACTIVITIES IN CONGO TERRITORY
 
References: 
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