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The Global Community Yearbook of International Law and Jurisprudence 2014Volume I$
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Giuliana Ziccardi Capaldo

Print publication date: 2015

Print ISBN-13: 9780190270513

Published to Oxford Scholarship Online: October 2015

DOI: 10.1093/acprof:oso/9780190270513.001.0001

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‘Tutelary’ Intervention to Counter the New Unlawful Territorial Situations

‘Tutelary’ Intervention to Counter the New Unlawful Territorial Situations

A Tertium Genus of Military Intervention in International Law?

Chapter:
(p.3) ‘Tutelary’ Intervention to Counter the New Unlawful Territorial Situations
Source:
The Global Community Yearbook of International Law and Jurisprudence 2014
Author(s):

Giuliana Ziccardi Capaldo

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780190270513.003.0001

The unauthorized intervention of the United States and coalition partners in territories under the control of the Islamic State of Iraq and the Levant (ISIL) in Syria and Iraq raises the question of its legitimacy. This article suggests that the legal basis cannot be found in Article 51 of the UN Charter. It argues that positive reactions of states and the cooperation of UN bodies in relation to the US coalition intervention imply concurrence with the immediate security approach in the face of unlawful territorial situations created by non-state actors. This new approach to global security is centred on the idea of ‘tutelary’ intervention as a form of non-institutionalized cooperation—a tertium genus with respect to collective self-defence and UN-authorized intervention—an idea that recognizes the important role the United Nations plays in leading and coordinating this type of military action. It will be interesting to see how the new intervention model evolves, safeguarding fundamental rights and commons while countering global terrorism.

Keywords:   collective self-defence, global security, global terrorism, immediate security approach, Islamic State of Iraq and the Levant (ISIL), tutelary, intervention, non-institutionalized cooperation, non-state actors, unauthorized military intervention, unlawful territorial situations

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