Podcast
Questions and Answers
What was a reason for the delay in British response to Argentina’s occupation of the Falklands?
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?
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?
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?
What does the concept of 'proportionality' in self-defense entail?
What was a condition under which Ukraine could legally reconquer Crimea?
What was a condition under which Ukraine could legally reconquer Crimea?
What is the nature of the obligation described as 'as it deems necessary'?
What is the nature of the obligation described as 'as it deems necessary'?
What was a primary concern for the US after World War II regarding European wars?
What was a primary concern for the US after World War II regarding European wars?
Under the Trump administration, what was a significant concern about US military assistance?
Under the Trump administration, what was a significant concern about US military assistance?
In which situation was Article 5 activated?
In which situation was Article 5 activated?
What does Article 42(7) TEU state regarding a Member State under armed aggression?
What does Article 42(7) TEU state regarding a Member State under armed aggression?
What does Article 5 of the NATO Treaty stipulate regarding an armed attack?
What does Article 5 of the NATO Treaty stipulate regarding an armed attack?
What limitation exists in the context of European defense according to the content?
What limitation exists in the context of European defense according to the content?
Which regions are explicitly mentioned as being covered by Article 6 of the NATO Treaty?
Which regions are explicitly mentioned as being covered by Article 6 of the NATO Treaty?
Which document do both TEU and NATO reference regarding collective self-defense?
Which document do both TEU and NATO reference regarding collective self-defense?
What must happen immediately after an armed attack according to Article 5?
What must happen immediately after an armed attack according to Article 5?
Which treaty specifically addresses aid and assistance among American states?
Which treaty specifically addresses aid and assistance among American states?
What is the primary purpose of invoking collective self-defense under NATO?
What is the primary purpose of invoking collective self-defense under NATO?
When can measures taken for individual or collective self-defense be terminated?
When can measures taken for individual or collective self-defense be terminated?
What type of operations must rescue missions adhere to as stated in the content?
What type of operations must rescue missions adhere to as stated in the content?
What can be included in measures taken for collective self-defense according to NATO?
What can be included in measures taken for collective self-defense according to NATO?
Which of the following is NOT included in the understanding of an armed attack under Article 6?
Which of the following is NOT included in the understanding of an armed attack under Article 6?
What distinguishes pre-emptive self-defence from preventive self-defence?
What distinguishes pre-emptive self-defence from preventive self-defence?
According to the Caroline test, what must a threatened State demonstrate to act in self-defence?
According to the Caroline test, what must a threatened State demonstrate to act in self-defence?
What is meant by 'imminent' in the context of self-defence?
What is meant by 'imminent' in the context of self-defence?
What event triggered the correspondence between Great Britain and the US regarding self-defence?
What event triggered the correspondence between Great Britain and the US regarding self-defence?
What does international law imply regarding a threatened State's military action?
What does international law imply regarding a threatened State's military action?
In the context of self-defence, how is 'proportionate' interpreted?
In the context of self-defence, how is 'proportionate' interpreted?
Which of the following best describes the concept of 'restrictive reading' of article 51?
Which of the following best describes the concept of 'restrictive reading' of article 51?
What key factor makes the terms 'pre-emptive' and 'preventive' self-defence ambiguous in practice?
What key factor makes the terms 'pre-emptive' and 'preventive' self-defence ambiguous in practice?
Who was the leader of the terrorist network involved in the attacks on the United States on September 11?
Who was the leader of the terrorist network involved in the attacks on the United States on September 11?
What does Article 5 of the Washington Treaty state regarding armed attacks?
What does Article 5 of the Washington Treaty state regarding armed attacks?
What was a primary reason for Israel's construction of a wall on its border with the Palestinian Territories?
What was a primary reason for Israel's construction of a wall on its border with the Palestinian Territories?
Which resolutions did the International Court of Justice (ICJ) indicate could not support Israel's claim of self-defence?
Which resolutions did the International Court of Justice (ICJ) indicate could not support Israel's claim of self-defence?
What did the Israeli court note regarding the threat justifying the wall's construction?
What did the Israeli court note regarding the threat justifying the wall's construction?
What did NATO's Secretary General determine regarding the September 11 attacks?
What did NATO's Secretary General determine regarding the September 11 attacks?
How did Israel's perspective on the primary threat change in the 1990s?
How did Israel's perspective on the primary threat change in the 1990s?
What major issue did the construction of the wall directly relate to?
What major issue did the construction of the wall directly relate to?
What measures are Member States called upon to take in response to ISIL's actions?
What measures are Member States called upon to take in response to ISIL's actions?
What does the resolution indicate about the nature of the threat posed by Da'esh?
What does the resolution indicate about the nature of the threat posed by Da'esh?
Is there a consensus on the right to self-defence against non-state actors?
Is there a consensus on the right to self-defence against non-state actors?
Under what conditions may self-defence against quasi-de-facto-regimes be permissible?
Under what conditions may self-defence against quasi-de-facto-regimes be permissible?
How did the Council's resolution address the fight against transnational terrorism?
How did the Council's resolution address the fight against transnational terrorism?
What is stated about self-defence against a government?
What is stated about self-defence against a government?
Which terrorist groups are specifically mentioned in the call for action?
Which terrorist groups are specifically mentioned in the call for action?
What clarity is provided regarding the right to self-defence by the Council's resolution?
What clarity is provided regarding the right to self-defence by the Council's resolution?
Flashcards
Collective Self-Defense (Article 5 NATO Treaty)
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)
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
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
Attacks on NATO forces, vessels, or aircraft stationed in specific areas are also considered attacks on NATO members, triggering Article 5.
Signup and view all the flashcards
US's obligation after WW2
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.
Signup and view all the flashcards
US military assistance gap
US military assistance gap
The US is not legally obligated to provide military aid to attacked countries needing help, despite theoretical commitments.
Signup and view all the flashcards
Trump's defense spending views
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.
Signup and view all the flashcards
Article 5 application
Article 5 application
The only time Article 5 of NATO was applied was after 9/11, where the US received support from allies.
Signup and view all the flashcards
EU Article 42(7) TEU
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.
Signup and view all the flashcards
EU and NATO's UN Charter link
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.
Signup and view all the flashcards
Regional security organizations
Regional security organizations
Different regional security systems exist, like the OAS for the Americas, Warsaw Pact for Eastern Europe, and African Union.
Signup and view all the flashcards
Inter-American Treaty Article 3
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.
Signup and view all the flashcards
Self-Defence (Time to Prepare)
Self-Defence (Time to Prepare)
A country's right to defend itself against an attack, even if it takes time to prepare.
Signup and view all the flashcards
Self-Defence (Time to Prepare and Justification)
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.
Signup and view all the flashcards
Self-Defence (Proportionality Principle)
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.
Signup and view all the flashcards
Trump's Foreign Policy (Retaliation)
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.
Signup and view all the flashcards
Self-Defence (Duration)
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.
Signup and view all the flashcards
Restrictive Reading of Article 51
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.
Signup and view all the flashcards
Hans Kelsen
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.
Signup and view all the flashcards
Pre-emptive Self-Defense
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.
Signup and view all the flashcards
Imminent Armed Attack
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.
Signup and view all the flashcards
Caroline Test
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.
Signup and view all the flashcards
The Caroline Incident
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.
Signup and view all the flashcards
Preventive Self-Defense
Preventive Self-Defense
Taking action to prevent an attack before it is imminent, based on the possibility of a future threat.
Signup and view all the flashcards
Difference Between Pre-emptive and Preventive Self-Defense
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).
Signup and view all the flashcards
Collective Self-Defense
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.
Signup and view all the flashcards
Right of Self-Defense
Right of Self-Defense
The principle that a state can use force to defend itself against an imminent threat.
Signup and view all the flashcards
Internal Threat to Self-Defense
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.
Signup and view all the flashcards
Article 5 of the NATO Treaty
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.
Signup and view all the flashcards
ICJ Advisory Opinion on the Wall
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.
Signup and view all the flashcards
Oslo Accords
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.
Signup and view all the flashcards
Shift in Israel's Primary Threat
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.
Signup and view all the flashcards
Construction of the Wall
Construction of the Wall
The construction of a barrier by Israel along the border with the West Bank, aimed at mitigating security concerns.
Signup and view all the flashcards
Self-Defense
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.
Signup and view all the flashcards
Self-Defense Against Non-State Actors
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.
Signup and view all the flashcards
Self-Defense Against States
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.
Signup and view all the flashcards
Self-Defense Against Other Non-State Actors
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.
Signup and view all the flashcards
UN Recognition of ISIS Threat
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.
Signup and view all the flashcards
Legal Justification for Action Against ISIS
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.
Signup and view all the flashcards
UN Charter & Self-Defense
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.
Signup and view all the flashcards
UN Call for Action Against ISIS
UN Call for Action Against ISIS
The UN Security Council called on all states to eradicate safe havens and fight against ISIS ideology.
Signup and view all the flashcardsStudy 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)
Studying That Suits You
Use AI to generate personalized quizzes and flashcards to suit your learning preferences.