Weathering the Storm: Legality and Legal Implications of the Saudi-Led Military Intervention in Yemen

Ruys, Tom; Ferro, Luca

doi:10.1017/s0020589315000536

Cited by 22 publications

(9 citation statements)

References 7 publications

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“…On March 26 2015, Saudi Arabia responded to appeals by Mansur Hadi to the GCC and the UN Security Council for an urgent military support by launching Operation Decisive Storm to prevent the Houthis from advancing and potentially capturing the city of Aden (Al-Karimi, 2015; Buys & Garwood-Growers, 2018; Russia Today, 2015; Ruys & Ferro, 2016). Both Saudi Arabia and the United Arab Emirates with support of other regional states and international actors led a coalition of troops to counter the Houthi militias who were focused on capturing Aden and with it the entire government of Mansour Hadi.…”

Section: Literature Reviewmentioning

confidence: 99%

“…Saudi Arabia justified its military operation in Yemen as a response to a “direct appeal” from a “legitimate” government of Yemen. The internationally recognized administration of Hadi based in Aden designated the rebellion mounted by Houthis as a direct threat to Yemeni national security and sovereignty (Nußberger, 2017; Ruys & Ferro, 2016, p. 62; Sharp, 2015). Additionally, Saudi Arabia besides emphasizing that the coalition was responding to safeguard civilian lives, the Saudi Kingdom was also anxious about prospective future or long-term consequences of a successful coup against an internationally recognized government in its domestic politics and also having to potentially deal with an Iranian-backed Houthi regime regarding its foreign policy interests.…”

Section: Literature Reviewmentioning

confidence: 99%

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Transnational Operations, International Reactions, and Legitimacy: The Case of Turkey and Saudi Arabia

Nyadera

Islam

2020

Contemporary Review of the Middle East

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Maintaining global peace and security remains an essential concern for many actors in the international system. To achieve this goal, both states and international organizations commend that action needs to be taken against perceived threats to national and international security. However, how to respond to these threats continues to divide the world. The declining role of the UN in peace enforcement, emergence of non-state actors, new forms of threats, and increasing unilateral actions by states have raised questions over the legitimacy of who, when, and how these actions can be taken. This article seeks to examine how international actors respond to transnational counterterrorism events. It adopts a comparative case study to discuss how regional and international actors reacted to Saudi Arabia’s Operation Decisive Storm in Yemen (2015) and Turkey’s Operation Peace Spring in Northern Syria (2019). It draws important similarities in the justification of both countries’ actions and the varying responses and attitudes these countries have received for their actions. The study identifies the lack of international consensus on transnational counterterrorism as a catalyst in the crisis being witnessed in crisis resolution. Factors such as timing, universality of the threat, prevailing circumstances, actors involved, and mode of operation shape international response on transnational actions.

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Section: Literature Reviewmentioning

confidence: 99%

Section: Literature Reviewmentioning

confidence: 99%

Transnational Operations, International Reactions, and Legitimacy: The Case of Turkey and Saudi Arabia

Nyadera

Islam

2020

Contemporary Review of the Middle East

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“…Operation Decisive Storm—later renamed Operation Restore Hope—officially began on March 26, 2015, following requests by the ousted President Mansur Hadi to the GCC and the UN Security Council for “immediate and urgent” support to stop the Houthis and other fighters from advancing to and taking over the city of Aden (Al‐Karimi, 2015; Buys & Garwood‐Gowers, 2018; Ruys & Ferro, 2016). A coalition led by Saudi Arabia and the UAE and supported by several regional and international actors quickly mobilized troops to Yemen to fight the Houthi militias that were keen on overthrowing the government of Mansour Hadi.…”

Section: Turkey's Operation Peace Spring In Syria (2019)mentioning

confidence: 99%

Contemporary conflicts, cross‐border military operations, and the declining role of the UN: The case of Turkey and Saudi Arabia

Nyadera

Kisaka

2020

Digest Mid East Studies

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This article examines an emerging trend of cross‐border conflicts between states and non‐state actors. It looks at the narratives fronted by Turkey and Saudi Arabia to justify their operations in northern Syria and Yemen, respectively. The authors argue that the increased inaction and lack of influence by the UN in response to such operations reaffirm states as the core actors in international politics and that national security and interests continue to shape the behavior of actors at the international level. The article concludes that the UN needs to adjust to the new forms of conflicts, actors, and behavior being experienced at the international level if it is to retain its relevance as an anchor of peace and international security.

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“…34 My view is that intervention by invitation is not an exception to the prohibition of the use of force under Article 2(4) of the Charter but rather avoids engaging the rule entirely. If a use of force has prior consent or is invited, it is not carried out 'against the territorial integrity or political independence' of a state and therefore cannot be seen as a breach of Article 2(4); 35 where there is consent to the use of force, Article 2(4) is 'inoperative'. 36 Likewise, the ICJ has asserted that interventions that have been requested by states will not violate the principle of non-intervention, rather than being breaches of the principle which are excused after the fact.…”

Section: Intervention By Invitation Within International Lawmentioning

confidence: 99%

Intervention by (secret) invitation: searching for a requirement of publicity in the international law on the use of force with consent

Brookman-Byrne

2020

Journal on the Use of Force and International Law

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In light of evolving practices of conflict-the move to remote, light-foot, long-term, 'liquid' interventions-interrogations into the manner in which one state can consent to the use of force by another on its territory (intervention by invitation) have become increasingly pressing. In Pakistan, the US carried out remote airstrikes for nine years on the basis of secret consent, raising the question of how secrecy impacts upon the validity of consent to the use of force: whether secrecy renders consent invalid or, put differently, whether valid consent contains a requirement of publicity. Examining, state responsibility, jus ad bellum, and examples of state practice between 1944 and the present, this article considers the question of publicity, finding that, though there is a tendency towards the publication of consent, in a doctrinal legal sense there is insufficient evidence to suggest an obligation to publicise. This article argues that, due to the absence of such a requirement, consent is not a rule that restricts the use of force, but one that enables it; it is a doctrine that lends itself to the service of hegemony and the projection of power by states, and it must be recognised as such.

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Weathering the Storm: Legality and Legal Implications of the Saudi-Led Military Intervention in Yemen

Cited by 22 publications

References 7 publications

Transnational Operations, International Reactions, and Legitimacy: The Case of Turkey and Saudi Arabia

Transnational Operations, International Reactions, and Legitimacy: The Case of Turkey and Saudi Arabia

Contemporary conflicts, cross‐border military operations, and the declining role of the UN: The case of Turkey and Saudi Arabia

Intervention by (secret) invitation: searching for a requirement of publicity in the international law on the use of force with consent

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