Military Invasion of a Foreign State – An International Law Perspective

  • Padmini
  • Show Author Details
  • Padmini

    Advocate in India

  • img Download Full Paper

Abstract

From the dawn of time, it is apparent that several governments invaded other countries for several reasons, one of which was to extend their rich empire. An invasion is a military offensive in which a large number of combatants from one geopolitical entity enter territory owned by another with the goal of conquering, liberating, or re-establishing control or authority over the territory, forcing the partition of a country, changing or gaining concessions from the existing government, or forcing the partition of a country, or any combination of the foregoing. Invasion can start a war, be part of a wider conflict-resolution plan, or be a full-fledged war in and of itself. Invasion operations are often sophisticated in design and execution due to the huge size of the actions involved. Armed military intrusions almost always result in a variety of legal, normative, and regulatory violations. An effective legal framework limiting the behaviour of armed states and non-state actors should encompass international law. While Common Article 3 of the 1949 Geneva Conventions is certain to apply to the war, defining how and to what extent Additional Protocol II applies is more problematic, especially in light of the various armed groups operating in the nation. This article looks at how armed conflict interacts with international law, with an emphasis on the institutions that are evaluated in terms of their application of human rights legal frameworks, as well as their attempts to apply the appropriate legislation.

Type

Research Paper

Information

International Journal of Law Management and Humanities, Volume 5, Issue 2, Page 677 - 691

DOI: https://doij.org/10.10000/IJLMH.112871

Creative Commons

This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

Copyright

Copyright © IJLMH 2021