Public Law Studies Quarterly

Military Intervention by Invitation in Internal Conflicts in International Law; with study on the Legal System of Iran

Articles in Press

Document Type : Article

Authors

Mohsen Hekmati moghadam 1
Omid Shirzad 2

1 Assistant Professor of International law. Department of Law, Faculty of Law, Political Sciences and History, Yazd University, Yazd, Iran

2 Assistant Professor of public law, Department of Law, Political Sciences and History, Yazd University, Yazd, Iran

https://doi.org/10.22059/jplsq.2025.399508.3798
Abstract
The military intervention by a government, based on the invitation of the host government, is one of the common tools for maintaining or restoring order and peace in the countries that facing internal conflicts. The relation of this concept with the law on the use of force and human rights has raised questions in international law and Iran’s legal discourse, such as: what are the conditions to legitimately use this kind of intervention in international law? What is the approach of Iran’s constitutional law sources, especially the Constitution of the Islamic Republic, to the principle of non-intervention and its exceptions, such as invitation for intervention? This article with collecting information in a library manner and adopting a descriptive-analytical research method, concludes that with due attention to relativization of state sovereignty in the last half-century, depending on the host government’s compatibility with international standards, different rules will be issued about this type of intervention. In the legal system of Iran, the findings indicate that the perfectionist approach of the constitution creates a basis for inviting Islamic republic of Iran to intervene and provide assistance to non-hostile states, especially Islamic countries. The invitation to intervention by the Iranian government is also examined at three levels: The justifiable reasons for the invitation to intervene, the legal limits governing the military intervention by invitation, and the competent authority for invitation. The authors by considering the human rights law, especially the "right to civil disobedience" and principles such as "Independence and territorial integrity of the country," have allowed restrictive military intervention by a foreign government with Iranian government invitation.

Keywords

Islamic Republic of Iran’s constitutional law
International Law
Invitation
Principle of non-intervention
Military Intervention
Charter
Subjects

  1. English

    1. A) Books
    2. Henderson, C. (2018). The Use of Force and International Law. Cambridge: Cambridge University Press.

     

    1. B) Articles
    2. Murphy, S. D. (2009). The International Legality of US Military Cross-Border Operations from Afghanistan into Pakistan in The War in Afghanistan: A Legal Analysis. International Law Studies. 85, 109-139.
    3. O’Connell, M. E. (2012). Unlawful Killing with Combat Drones: A Case Study of Pakistan, 2004-2009, in Shooting to Kill: Socio-Legal Perspectives on the Use of Legal Force. Edited by Simon Bronitt et al. The United Kingdom: Hart Publishing. 263-293.
    4. Perisic, P. (2019). Intervention by Invitation – When Can Consent from a Host State Justify Foreign Military Intervention? Russian Law Journal. 7(4), 4–29.
    5. Nolte, G. (2010). Intervention by Invitation. Online Max Planck Encyclopedia of International Law, available at: http://opil.ouplaw.com/ view/10.1093/law:epil /9780199231690/law-9780199231690 e1702?rskey=BqSxkS&result=2&q=Nolte&prd=EPIL.

     

    1. C) Cases
    2. Case Concerning Corfu Channel (United Kingdom of Great Britain and Northern Ireland v. People's Republic of Albania); Merits, I.C.J. Reports, (1949).
    3. Case Concerning Military and Paramilitary Activities in and Against Nicaragua (Nicaragua v. United States of America); Merits, I.C.J. Reports, (1986).
    4. Case Concerning Armed Activities on the Territory of the Congo (Democratic Republic of the Congo v. Uganda) I.C.J. Reports, (2005).

     

    1. D) Documents
    2. Report of the Independent International Fact-Finding Mission on the Conflict in Georgia, Vol. II (September 2009), available at http://www.mpil.de/files/pdf4/IIFFMCG_Volume_II1.pdf.
    3. N. General Assembly, Resolution 2131(XX)1965.
    4. N. General Assembly, Resolution 2625(XXV)1970.
    5. N. General Assembly, Resolution 3314(XXIX)1974.
    6. N. General Assembly, Resolution 31/91, 1976.
    7. N. General Assembly, Resolution 68/262, 2014.
    8. N. Security Council, Resolution 497(1981)
    9. N. Security Council, Resolution 44/240(1989)
    10. N. Security Council, Resolution 841(1993)
    11. N. Security Council, Resolution 940(1994)
    12. N. Security Council, Resolution 1132(1997)
    13. N. Security Council, Resolution 1975(2011)
    14. N. Security Council, Resolution 2201(2015)
    15. N. Security Council, Resolution 2216(2015)
    16. N. Security Council, Resolution 2337(2017)

     

     

    References In Persian:

    1. A) Books
    2. Aghabakhshi, A., & Afsharirad, M. (2004). Political Science Dictionary. Tehran: Chapar (In Persian).
    3. Alhooii Nazari, H. (2019). Public International Law. Tehran: Dadgostar (In Persian).
    4. Amidzanjani, A. (2008). Fundamentals of Constitutional Law in Iran. Tehran: Majd (In Persian).
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    6. General Directorate of Cultural Affairs and Public Relations of the Islamic Consultative Assembly (1985). Details of parliamentary debates about the Constitution of the Islamic Republic of Iran. Volume Three. Tehran: General Directorate of Cultural Affairs and Public Relations of the Islamic Consultative Assembly (In Persian).
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    11. Rahmatollahi, H.; Shirzad, O. (2019). Perfectionism and Neutrality and Their Effects on the Structure of Power and Public Law. Second Edition. Tehran: Majd (In Persian).
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    1. B) Articles
    2. Arasta, M. J., & Akbari, M. (2017). A Reflection on the Position of Civil Disobedience in International Documents, Shia Political Jurisprudence, and the Legal System of Iran. Comparative Research in Islamic and Western Law, 4 (2), 33-60 (In Persian).
    3. Azizi, S. (2012). Examination of the Legitimacy of Invitation of Foreign Parties Intervention in Non-International Armed Conflict: Focusing on the ICJ’s Judgement on the case of Armed Activities in Congo. Public Law Research. 13(33), 169-202 (In Persian).
    4. Deldar, A., Jalali, M., & Raisi, L. (2020). A Comparative Study of the Legitimacy of Military Intervention through Invitation in Islam and the West with Emphasis on the Legitimacy of the Inviting Authority. Islamic Politics Research. 8(17), 287-316 (In Persian).
    5. Fazaeli, M. (2016). Military Intervention in Yemen from the Perspective of International Law. Public Law Studies Quarterly. 46(1), 41-70 (In Persian).
    6. Salari, A. (2023). An Examination of the Legitimacy of French Military ‎Action in Mali in Light of [the rule on] Intervention by ‎ Public Law Studies Quarterly. 53(1), 121-137 (In Persian).
    7. Shahbazi, A., & Berelian, P. (2018). Investigation of Legitimacy of Foreign State Intervention in Non-International Armed Conflict: Deliberating about Yemen Crisis. Journal of Legal Research. 17(34), 7-36 (In Persian).
    8. Shaygan, F. (2013). Intervention by Invitation in Internal Tensions in International Law, with focus on Bahrain. International Organizations. 1(4), 63-88 (In Persian).
    9. Shirzad, O. (2023). The Perfectionist Approach of the Constitutional Law System of the Islamic Republic of Iran to good Life. Legal Researches, 22(55), 308-287 (In Persian).
Public Law Studies Quarterly

Articles in Press, Accepted Manuscript
Available Online from 22 December 2027

  • Receive Date 29 July 2025
  • Revise Date 26 August 2025
  • Accept Date 25 November 2025

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