Civil War and Laws

Neutral nonintervention rule under this rule we want

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Unformatted text preview: en to either side. o Pg. 84 – 3 elements of the rule. If you have civil unrest, whether low intensity or insurgency, you can help the govt. if civil strife rises to level of belligerency, outside state can still provide assistance to widely recognized parties, but outside party loses neutrality. You can be considered party to the conflict. Arendt – it is impermissible to an outside state to aid the rebels prior to establishment of a belligerency, but outside state loses neutrality. Neutral nonintervention rule – under this rule, we want to recognize people’s rights to self determination. Lowest level – you can always help the govt. it is impermissible if insurgency or belligerency, always impermissible to aid an insurgency. o arendt pg 88. Jumps to counterintervention – different subject, but interrelated. Civil and mixed conflict – there is a civil war, but an outside state has inserted itself (Nicaragua into El Salvador) once a foreign power has gotten involved, when can foreginge power get involved and with what side? But limits to counterintervention allowed – imp. Courts opinion emphasized what those limits are. Must be proportionate, court ruled that even if armed attack threshold met ( court said it wasn’t) court said could be unlawful if not proportional, still unlawful b/c did not follow georgraphical area from which the civil war is happening. Court says – US had not business mo...
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