The protection of nationals abroad: lawfulness or toleration? A commentary

Grimal, Francis and Melling, Graham (2012) The protection of nationals abroad: lawfulness or toleration? A commentary. Journal of Conflict and Security Law, 16 (3). pp. 541-554. ISSN 1467-7954

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Abstract

The forcible protection of one states’ own nationals on another state’s territory is
one which stretches the boundaries of the broader, inherent right of self-defence
available to states under international law. Known as the ‘protection of nationals
abroad’ this doctrine is the one that remains at best, highly controversial. This
article examines the lawfulness of action taken by British forces when they
rescued and evacuated British nationals prior to Libya descending into civil
war. It also considers the extent to which action by British forces fits within the
highly controversial paradigm of ‘protection of nationals abroad’. This article
suggests that the paradigm operates along a continuum. Certain instances of
forcible protection are clearly unlawful yet are ‘tolerated’ by the international
community. Meanwhile other means of forcible protection are both unlawful and
intolerable.

Keywords:Protection of Nationals Abroad, Intervention, International Law
Subjects:M Law > M130 Public International Law
Divisions:College of Social Science > Lincoln Law School
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ID Code:29708
Deposited On:05 Mar 2018 15:12

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