نوع مقاله : مقاله پژوهشی
1 دانشجوی کارشناسی ارشد حقوق بین الملل، دانشکده حقوق، دانشگاه شهید بهشتی، تهران، ایران (نویسنده مسئول)
2 دانشجوی کارشناسی ارشد حقوق بین الملل، دانشکده حقوق، دانشگاه شهید بهشتی، تهران، ایران
عنوان مقاله [English]
The principle of non-interference is the fundamental rights and obligations of each state, which originates from the principle of equality of their sovereignty. One of the principles that follows the principle of non-intervention is the rule of non-use of force. One of the fundamental rules of international law is stated in various international documents and treaties, specifically in paragraph 4 of Article 2 of the UN Charter. But the principle of non-intervention has exceptions, one of which is the invitation to intervene. Intervention based on the invitation is basically used in the case of military assistance of the foreign states's forces in an internal armed conflict with the prior consent of the legitimate and legal government of another state and with the aim of supporting the government's efforts against any non-state entity or real persons in the territory and the insurgent group does not have the right to invite foreign forces in international law, and only the legitimate government has this right. Therefore, the consent of the ruling government is the basic element regarding the concept of an invitation to intervene and the international responsibility of the third country will be fulfilled in the absence of this factor, and the action of that state will be considered an act of aggression. In this regard, it has provided the important theories for the legal validity including recognition, effective control, and democratic legitimacy. Of course, the issue of inviting intervention and its connection with the right of people to self-determination is one of the controversial issues in contemporary international law. So, this research has tried to investigate the legal aspects of the issue of consent to military intervention by a third state.