International Law. A Treatise. Volume 2 (of 2): War and Neutrality. Second EditionOppenheim, L. (Lassa)
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International Law. A Treatise. Volume 2 (of 2): War and Neutrality. Second Edition
Oppenheim, L. (Lassa)
International law
§ 51. Intervention in a difference between two States is exercised
through a communication of the intervening State to one or both of the
conflicting States with a dictatorial request for the settlement of the
conflict in a certain way, for instance by arbitration or by the
acceptance of certain terms. An intervention can take place either on
the part of one State alone or of several States collectively. If the
parties comply with the request of the intervening State or States, the
intervention is terminated. If, however, one or both of the parties fail
to comply with the request, the intervening State will either withdraw
its intervention or proceed to the performance of acts more stringent
than a mere request, such as pacific blockade, military occupation, and
the like. Even war can be declared for the purpose of an intervention.
Of special importance are the collective interventions exercised by
several great Powers in the interest of the balance of power and of
humanity.[56]
[Footnote 56: See above, vol. I. §§ 136 and 137.]
[Sidenote: Time of Intervention.]
§ 52. An intervention in a difference between two States can take place
at any time from the moment a conflict arises till the moment it is
settled, and even immediately after the settlement. In many cases
interventions have taken place before the outbreak of war between two
States for the purpose of preventing war; in other cases third States
have intervened during a war which had broken out in consequence of a
conflict. Interventions have, further, taken place immediately after the
peaceable settlement of a difference, or after the termination of war by
a treaty of peace or by conquest, on the grounds that the conditions of
the settlement or the treaty of peace were against the interests of the
intervening State, or because the latter would not consent to the
annexation of the conquered State by the victor.[57]
[Footnote 57: With regard to the question of the right of intervention,
the admissibility of intervention in default of a right, and to all
other details concerning intervention, the reader must be referred
above, vol. I. §§ 135-138.]
PART II
WAR
CHAPTER I
ON WAR IN GENERAL
I
CHARACTERISTICS OF WAR
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