International Law and Military Policy Quiz
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Questions and Answers

What was a reason for the delay in British response to Argentina’s occupation of the Falklands?

  • They needed time to prepare. (correct)
  • They did not consider it a priority.
  • They were waiting for US support.
  • They were negotiating a peaceful resolution.

Which statement about self-defense in international law is correct?

  • Self-defense is only justified during an armed attack. (correct)
  • Self-defense must not be proportional to the attack.
  • Self-defense measures are justified indefinitely.
  • Self-defense can be exercised against political allies.

How does Trump’s foreign policy differ from traditional approaches?

  • He favors proportionality in responses.
  • He strongly values old alliances.
  • He adopts an erratic and unpredictable stance. (correct)
  • He advocates for diplomatic resolutions.

What does the concept of 'proportionality' in self-defense entail?

<p>The response should be balanced with the intent to halt further attacks. (A)</p> Signup and view all the answers

What was a condition under which Ukraine could legally reconquer Crimea?

<p>At any time, according to international law. (B)</p> Signup and view all the answers

What is the nature of the obligation described as 'as it deems necessary'?

<p>A political obligation (D)</p> Signup and view all the answers

What was a primary concern for the US after World War II regarding European wars?

<p>To avoid involvement in another European war (B)</p> Signup and view all the answers

Under the Trump administration, what was a significant concern about US military assistance?

<p>Lack of contribution from other nations (D)</p> Signup and view all the answers

In which situation was Article 5 activated?

<p>Following an attack on the US on 9/11 (C)</p> Signup and view all the answers

What does Article 42(7) TEU state regarding a Member State under armed aggression?

<p>A binding obligation to assist (D)</p> Signup and view all the answers

What does Article 5 of the NATO Treaty stipulate regarding an armed attack?

<p>An armed attack against one or more parties is viewed as an attack against all. (B)</p> Signup and view all the answers

What limitation exists in the context of European defense according to the content?

<p>Defense systems are relatively weak (B)</p> Signup and view all the answers

Which regions are explicitly mentioned as being covered by Article 6 of the NATO Treaty?

<p>Territory of any Party in Europe or North America (B)</p> Signup and view all the answers

Which document do both TEU and NATO reference regarding collective self-defense?

<p>Article 51 of the United Nations Charter (B)</p> Signup and view all the answers

What must happen immediately after an armed attack according to Article 5?

<p>The attack must be reported to the Security Council. (A)</p> Signup and view all the answers

Which treaty specifically addresses aid and assistance among American states?

<p>Rio Act (A)</p> Signup and view all the answers

What is the primary purpose of invoking collective self-defense under NATO?

<p>To restore and maintain security in the North Atlantic area. (B)</p> Signup and view all the answers

When can measures taken for individual or collective self-defense be terminated?

<p>When the Security Council has restored international peace. (C)</p> Signup and view all the answers

What type of operations must rescue missions adhere to as stated in the content?

<p>Minimally invasive approaches (A)</p> Signup and view all the answers

What can be included in measures taken for collective self-defense according to NATO?

<p>Use of armed force. (D)</p> Signup and view all the answers

Which of the following is NOT included in the understanding of an armed attack under Article 6?

<p>Attacks on territories outside of Europe. (D)</p> Signup and view all the answers

What distinguishes pre-emptive self-defence from preventive self-defence?

<p>Pre-emptive self-defence is about an imminent attack, while preventive self-defence addresses possible future attacks. (A)</p> Signup and view all the answers

According to the Caroline test, what must a threatened State demonstrate to act in self-defence?

<p>The necessity of self-defence must be instant, overwhelming, and without any choice of means. (C)</p> Signup and view all the answers

What is meant by 'imminent' in the context of self-defence?

<p>An attack where troops are currently en route to invade. (A)</p> Signup and view all the answers

What event triggered the correspondence between Great Britain and the US regarding self-defence?

<p>The British seized the steamboat Caroline in an American port. (D)</p> Signup and view all the answers

What does international law imply regarding a threatened State's military action?

<p>Military action is permissible if it is proportionate to the threat. (A)</p> Signup and view all the answers

In the context of self-defence, how is 'proportionate' interpreted?

<p>The response must not exceed the scale of the initial threat. (C)</p> Signup and view all the answers

Which of the following best describes the concept of 'restrictive reading' of article 51?

<p>Self-defence is allowed only when there is an actual armed attack. (B)</p> Signup and view all the answers

What key factor makes the terms 'pre-emptive' and 'preventive' self-defence ambiguous in practice?

<p>States often use these terms interchangeably without consistent definitions. (A)</p> Signup and view all the answers

Who was the leader of the terrorist network involved in the attacks on the United States on September 11?

<p>Osama bin Laden (D)</p> Signup and view all the answers

What does Article 5 of the Washington Treaty state regarding armed attacks?

<p>An attack on one Ally is considered an attack on all Allies. (D)</p> Signup and view all the answers

What was a primary reason for Israel's construction of a wall on its border with the Palestinian Territories?

<p>To combat terrorist attacks, particularly from Hamas. (D)</p> Signup and view all the answers

Which resolutions did the International Court of Justice (ICJ) indicate could not support Israel's claim of self-defence?

<p>Security Council resolutions 1368 and 1373. (D)</p> Signup and view all the answers

What did the Israeli court note regarding the threat justifying the wall's construction?

<p>It originates from the Occupied Palestinian Territory. (D)</p> Signup and view all the answers

What did NATO's Secretary General determine regarding the September 11 attacks?

<p>They were directed from abroad and warranted a collective defense response. (C)</p> Signup and view all the answers

How did Israel's perspective on the primary threat change in the 1990s?

<p>It shifted from state military threats to terrorist groups. (C)</p> Signup and view all the answers

What major issue did the construction of the wall directly relate to?

<p>The Oslo Accords and control over the West Bank. (C)</p> Signup and view all the answers

What measures are Member States called upon to take in response to ISIL's actions?

<p>Take necessary actions to prevent and suppress terrorist acts (C)</p> Signup and view all the answers

What does the resolution indicate about the nature of the threat posed by Da'esh?

<p>It is recognized as exceptional. (A)</p> Signup and view all the answers

Is there a consensus on the right to self-defence against non-state actors?

<p>The answer is still unresolved. (A)</p> Signup and view all the answers

Under what conditions may self-defence against quasi-de-facto-regimes be permissible?

<p>When lacking any political legitimacy and controlling territory. (C)</p> Signup and view all the answers

How did the Council's resolution address the fight against transnational terrorism?

<p>By enabling collective action based on Article 51 of the UN Charter. (D)</p> Signup and view all the answers

What is stated about self-defence against a government?

<p>It is permitted only with a sufficient nexus. (B)</p> Signup and view all the answers

Which terrorist groups are specifically mentioned in the call for action?

<p>ISIL, ANF, and any affiliates of Al-Qaida (B)</p> Signup and view all the answers

What clarity is provided regarding the right to self-defence by the Council's resolution?

<p>It does not explicitly state that self-defence is lawful. (D)</p> Signup and view all the answers

Flashcards

Collective Self-Defense (Article 5 NATO Treaty)

The principle that an attack on one NATO member is considered an attack on all members. This triggers a collective response, including the use of armed force, to restore security.

Geographical Scope of Armed Attack (Article 6 NATO Treaty)

The geographic scope of the NATO Treaty's Article 5, defining where attacks trigger collective self-defense. It includes NATO member territories in Europe, North America, and specific areas like Turkey and the North Atlantic.

Measures to Restore and Maintain Security

The actions taken by NATO members to restore security after an armed attack. This can include using military force, but it must end once the Security Council takes action to restore peace.

Attacks on NATO Forces

Attacks on NATO forces, vessels, or aircraft stationed in specific areas are also considered attacks on NATO members, triggering Article 5.

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US's obligation after WW2

A political obligation, not a strong legal one. The US doesn't want to be dragged into another European war.

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US military assistance gap

The US is not legally obligated to provide military aid to attacked countries needing help, despite theoretical commitments.

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Trump's defense spending views

Trump expects countries to spend at least 2% of their GDP on defense, viewing those who don't as freeloaders.

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Article 5 application

The only time Article 5 of NATO was applied was after 9/11, where the US received support from allies.

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EU Article 42(7) TEU

Obligation of aid and assistance by all means in their power for Member States under attack, stronger than the US commitment.

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EU and NATO's UN Charter link

Both EU and NATO are under the umbrella of the UN Charter, specifically Article 51 on self-defense.

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Regional security organizations

Different regional security systems exist, like the OAS for the Americas, Warsaw Pact for Eastern Europe, and African Union.

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Inter-American Treaty Article 3

The Inter-American Treaty of Reciprocal Assistance includes Article 3, which is a principle of collective defense in the Americas.

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Self-Defence (Time to Prepare)

A country's right to defend itself against an attack, even if it takes time to prepare.

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Self-Defence (Time to Prepare and Justification)

The use of military force by a country to defend itself against an attack is justified even if the country was not immediately ready to respond. The attack itself gives the right to defend, regardless of preparedness time.

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Self-Defence (Proportionality Principle)

The use of force in self-defense must be proportional to the attack. This means that the force used to defend should be no more than is necessary to stop the attack and prevent further attacks.

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Trump's Foreign Policy (Retaliation)

Trump's foreign policy approach emphasizes immediate retaliation, regardless of the severity of the attack. This approach rejects the concept of proportionality.

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Self-Defence (Duration)

The use of force in self-defense must be limited to the time of the attack. Once the attack is over, further use of force is not justified.

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Restrictive Reading of Article 51

A strict interpretation of Article 51 of the UN Charter, asserting that self-defense is only permissible in response to an actual armed attack, not a potential or anticipated threat.

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Hans Kelsen

A legal scholar who advocated for a restrictive interpretation of Article 51, emphasizing the need for an actual armed attack before self-defense is justified.

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Pre-emptive Self-Defense

The doctrine that allows a state to use force in self-defense against an imminent armed attack, even if the attack has not yet occurred.

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Imminent Armed Attack

An attack that is considered to be about to happen, with a clear and immediate threat, for example, troops positioned at the border.

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Caroline Test

The principle that a state can use force in self-defense only if the attack is proportionate to the threat and all other peaceful means have been exhausted.

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The Caroline Incident

A historical event involving the destruction of an American ship by British forces, which led to the development of international law principles on self-defense.

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Preventive Self-Defense

Taking action to prevent an attack before it is imminent, based on the possibility of a future threat.

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Difference Between Pre-emptive and Preventive Self-Defense

The difference between taking action before an attack has happened but is imminent (pre-emptive) or before a possible future threat that may not happen for weeks (preventive).

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Collective Self-Defense

The concept that an attack on one member of a group is considered an attack on all members, triggering a collective response.

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Right of Self-Defense

The principle that a state can use force to defend itself against an imminent threat.

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Internal Threat to Self-Defense

The situation where a threat originates from within a territory, making it difficult to justify actions taken in self-defense under international law.

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Article 5 of the NATO Treaty

The principle that an attack on one NATO member state is treated as an attack on all member states, triggering a collective response.

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ICJ Advisory Opinion on the Wall

The legal framework under which Israel's construction of a barrier in the occupied Palestinian territories was considered by the International Court of Justice.

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Oslo Accords

The Oslo Accords, signed in 1993, aimed to establish a Palestinian state alongside Israel, shaping the context of the West Bank in relation to Israel.

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Shift in Israel's Primary Threat

The shift in Israel's primary threat in the 1990s, transitioning from state-led aggression to the rise of terrorist groups like Hamas.

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Construction of the Wall

The construction of a barrier by Israel along the border with the West Bank, aimed at mitigating security concerns.

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Self-Defense

The act of defending oneself against an attack, especially in international law where states can use force to defend against an imminent attack.

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Self-Defense Against Non-State Actors

The use of force against a non-state actor, like a terrorist group, is considered permissible if they control territory and act like a state.

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Self-Defense Against States

The use of force against a state or government is generally not allowed, unless there's a very strong connection between the attack and the state, like if the state is directly supporting the attack.

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Self-Defense Against Other Non-State Actors

The use of force against other non-state actors, like non-territorial groups, is unclear. The rules are still being developed.

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UN Recognition of ISIS Threat

The UN Security Council recognized in 2014 that ISIS posed a serious threat worldwide, and it called on all countries to take action to eliminate it.

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Legal Justification for Action Against ISIS

The UN Security Council resolution allowed all states to combat ISIS, but it didn't specifically say that it's legal under international law to use force against them.

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UN Charter & Self-Defense

The UN Charter allows for a state to use force for self-defense, but only if there's an armed attack. It doesn't expressly mention the right to self-defense against non-state actors.

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UN Call for Action Against ISIS

The UN Security Council called on all states to eradicate safe havens and fight against ISIS ideology.

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Study Notes

Requirements for Self-Defense (Summary)

  • Article 51 UN Charter governs self-defense
  • Armed attack is a prerequisite
  • Reporting to the Security Council is necessary
  • Customary international law also applies, including
  • Immediacy
  • Necessity
  • Proportionality
  • Request by the attacked state (for collective self-defense)

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Self-Defence PDF

Description

Test your knowledge on international law, military policy, and the responses of nations to conflicts. This quiz covers various aspects including NATO treaties, self-defense principles, and post-World War II military concerns. Explore how contemporary foreign policies differ from traditional viewpoints.

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