The request for military assistance or intervention by invitation: an approach from counter-terrorist practice

Abstract

Although the right to self-defence is usually the focal point of attention when dealing with the use of force, international practice shows that some states, faced with serious internal threats, like terrorist groups taking control of part of their territory, have resorted to intervention by invitation or request for military assistance. In other words, they have requested military assistance from other states or international organisations in order to combat the existing threat. In this paper, we take a closer look at this state prerogative, based on the counter-terrorism practice of the last decade. In this way, we analyse its legal status and scope, identify consent as a central aspect of this institution, and examine its constituent elements. We also examine which actors are legitimised to request such an intervention, especially in contexts where there is relative territorial control, as well as the limits and risks it represents.