Abstract 2012/1, p. 241

The article describes how the Institut de Droit International has dealt with the question of military assistance on request, or intervention upon invitation by the established government, at its session in 2011 (Rhodes), taking into account the previous debates and resolutions by the Institut on the topic at its sessions in Neuchâtel (1900) and Wiesbaden (1975). Some emphasis is put on the context of the debates at the Rhodes session, which is the preceding and parallel treatment of other aspects of the law on the use of force. The most important feature of the debate in Rhodes is analyzed in detail, which is the contrast between the practice-oriented approach of the Rapporteur, Mr. Gerhard Hafner (whose reports tended to favor the permissibility of military assistance on request) and the resistance against this approach by a group of members who emphasized the right of self-determination and general policy considerations. The article concludes that the resolution which was ultimately adopted is characteristic for the time of its adoption insofar as it avoids taking a position with regard to certain controversial questions, despite a contrary impression, and thereby represents a minimum consensus.

 
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