I Have No Mouth, and I Must Scream: Interventions by Invitation in the Aftermath of Coup D’états

In 2021, Myanmar’s military carried out a coup that overthrew the state’s democratically elected government. The swiftness of the coup’s execution enabled the military to effectively subdue much of Myanmar’s civilian leadership. Without the presence of its duly elected representatives, Myanmar’s legitimate government has been left without an authoritative voice on the world stage. All that currently remains of the democratic government within Myanmar are the citizens loudly and clearly clamoring for its restoration.

The United Nations Charter establishes international respect for national sovereignty. U.N. Articles related to state sovereignty forbid another country from using unprompted military force to restore Myanmar’s democratic government. By contrast, the uncodified doctrine of intervention by invitation allows a third-party state to militarily intervene in Myanmar if Myanmar’s legitimate government consents to the request. However, because no qualified representative is available to give governmental consent, third-party states willing to assist Myanmar cannot do so. Myanmar’s inability to authorize the necessary use of force in this instance reveals a fatal flaw in the doctrine of intervention by invitation. In its current form, the doctrine is incapable of resolving swift coup d’états.

Until this incapability is remedied, the doctrine of intervention by invitation has a loophole that allows rogue militaries to overthrow democratic governments without fear of an international military response. Therefore, this Comment supplements the criteria for a valid intervention by invitation to facilitate the doctrine’s legal application in situations such as the Myanmar coup. This Comment ultimately recommends that the citizens of democratic states be able to wield governmental power in the absence of their elected representatives to issue a legitimate invitation to a third-party state.