International Law: Armed Conflict and the UN Charter
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Questions and Answers

What does jus ad bellum primarily address?

  • The legal conduct of hostilities.
  • The rights of neutral states during war.
  • The justification for the use of force. (correct)
  • The treatment of prisoners in conflict.

    • Which article of the UN Charter prohibits the use of force?

  • Article 51
  • Article 1
  • Article 39
  • Article 2(4) (correct)

    • What is a significant limitation of the concept of 'force' as defined in international law?

  • It allows for conditional use based on state requests.
  • It encompasses all forms of coercive diplomacy.
  • It refers exclusively to armed measures. (correct)
  • It can include economic sanctions for states.

    • Which of the following powers does the Security Council NOT hold?

    <p>Taking unilateral military action.</p> Signup and view all the answers

    Which of the following is true regarding the Security Council's composition?

    <p>Five of its members hold veto powers.</p> Signup and view all the answers

    What is the primary purpose of the UN Charter?

    <p>To maintain international peace and security.</p> Signup and view all the answers

    What does jus in bello regulate?

    <p>The conduct of parties during military operations.</p> Signup and view all the answers

    What type of measures does Article 2(4) of the UN Charter explicitly address?

    <p>Only armed conflict scenarios.</p> Signup and view all the answers

    What does Article 25 of the Charter primarily address regarding member states?

    <p>The enforcement of Security Council decisions</p> Signup and view all the answers

    Which Article allows the Security Council to determine the existence of a threat to peace?

    <p>Article 39</p> Signup and view all the answers

    What does Article 40 authorize the Security Council to do?

    <p>Call for provisional measures to prevent situation aggravation</p> Signup and view all the answers

    Under Article 41, which of the following actions can the Security Council take?

    <p>Impose non-coercive measures including diplomatic relations severance</p> Signup and view all the answers

    What kind of measures can the Security Council impose under Article 42?

    <p>Actions involving air, sea, or land forces as necessary</p> Signup and view all the answers

    What is the focus of Additional Protocol I (API) regarding armed conflicts?

    <p>Protection of victims of international armed conflicts</p> Signup and view all the answers

    What significant action did the Security Council take after Iraq's invasion of Kuwait in 1990?

    <p>Imposed the most comprehensive sanctions regime</p> Signup and view all the answers

    Which of the following countries did NOT ratify the Additional Protocols adopted in 1977?

    <p>Australia</p> Signup and view all the answers

    What does the right to self-defense constitute in terms of Article 2(4)?

    <p>An exception to the prohibition on the use of force</p> Signup and view all the answers

    Which statement about the Security Council's authority is accurate?

    <p>It can impose binding calls on UN members for non-forcible measures.</p> Signup and view all the answers

    What is the main concern of Hague law compared to the Geneva Conventions?

    <p>Methods and means of warfare</p> Signup and view all the answers

    Which of the following statements correctly characterizes the controversial nature of the Additional Protocols?

    <p>They contain provisions leading to non-ratification by several major states.</p> Signup and view all the answers

    What is the significance of the group debate question presented?

    <p>It questions the relevance of human rights in international law.</p> Signup and view all the answers

    What is the threshold that triggers the right to self-defence according to international law?

    <p>An armed attack of significant intensity.</p> Signup and view all the answers

    Which of the following conditions is NOT required for a lawful act of self-defence?

    <p>The attack must originate from a foreign state.</p> Signup and view all the answers

    Under what circumstances is there ambiguity in the application of self-defence?

    <p>When private actors launch attacks.</p> Signup and view all the answers

    What does the principle of proportionality require in the context of self-defence?

    <p>A response that is reasonable compared to the initial armed attack.</p> Signup and view all the answers

    Which statement best describes the authority of the Security Council regarding self-defence measures?

    <p>It must be informed of self-defence measures taken by member states.</p> Signup and view all the answers

    What type of attack is explicitly mentioned as capable of invoking self-defence?

    <p>Territorial invasions causing extensive damage.</p> Signup and view all the answers

    Which of the following is true about the condition of necessity in the context of self-defence?

    <p>Alternative peaceful means must be considered before resorting to force.</p> Signup and view all the answers

    What must a state assess before legally resorting to self-defence?

    <p>The existence of available peaceful remedies.</p> Signup and view all the answers

    What is the primary condition for a state to engage in anticipatory self-defence according to Article 51?

    <p>An armed attack must have actually occurred.</p> Signup and view all the answers

    What doctrine allows a state to take self-defensive measures against non-state actors located in another state?

    <p>Unable or unwilling doctrine</p> Signup and view all the answers

    How does international law distinguish between jus ad bellum and jus in bello?

    <p>Jus ad bellum regulates the justifications for resorting to armed conflict, and jus in bello governs how military operations must be conducted.</p> Signup and view all the answers

    What is emphasized by the law of armed conflict in terms of its pragmatism?

    <p>War is an unavoidable reality, necessitating balanced solutions.</p> Signup and view all the answers

    Which type of law primarily focuses on the protection of vulnerable groups during armed conflict?

    <p>Geneva law</p> Signup and view all the answers

    What distinguishes a state's entitlement to self-defence against a private actor according to the unable or unwilling doctrine?

    <p>The host state's inability or unwillingness to act.</p> Signup and view all the answers

    What does anticipatory self-defence require in terms of threat assessment?

    <p>The threat must be imminent and severe.</p> Signup and view all the answers

    What is one key aspect that distinguishes jus in bello from jus ad bellum?

    <p>Jus in bello addresses how military actions must be carried out.</p> Signup and view all the answers

    Study Notes

    International Law: Armed Conflict

    • War is a highly debated and politicized topic in international relations.
    • International law governs the use of force, distinguishing between jus ad bellum (when and why a state can use force) and jus in bello (how military hostilities are conducted).

    UN Charter

    • The 1945 UN Charter aimed to prevent future major conflicts and uphold international peace.
    • It entered into force on October 24, 1945.
    • The Charter generally discourages the use of force as a means of dispute resolution.
    • It establishes mechanisms for the lawful use of force.

    The Prohibition on the Use of Force

    • Article 2(4) of the UN Charter prohibits the threat or use of force against the territorial integrity or political independence of any state.
    • This prohibition primarily applies to armed force.
    • Economic and political coercion, while potentially violating non-intervention principles, does not constitute force.
    • The use of force with the consent of the host state isn't prohibited by Article 2(4).

    The Security Council

    • The UN Charter gives the Security Council primary responsibility for maintaining international peace and security.
    • The Security Council has 15 members, with five permanent members (China, France, Russia, UK, and the US) holding veto power.
    • The Security Council has wide-ranging coercive and non-coercive powers, including binding and non-binding measures.

    Security Council's Powers

    • Article 39: The Security Council determines the existence of a threat to the peace, breach of the peace, or act of aggression.
    • Article 40: The Security Council can request parties to a dispute to comply with provisional measures to prevent worsening of a situation (such as ceasefires or withdrawal of troops from foreign territory).
    • Article 41: Non-coercive measures, such as economic sanctions or severance of diplomatic relations, can be imposed to address threats.
    • Article 42: If non-coercive measures are insufficient, the Security Council can authorize the use of force (air, sea, or land).

    Right to Self-Defense

    • Article 51 of the UN Charter affirms the inherent right of individual or collective self-defense if an armed attack occurs.
    • This right is exercised until the Security Council takes measures to maintain international peace and security.
    • Reports on measures taken in self-defense need to be promptly submitted to the Security Council.

    Restrictions on the Right to Self-Defense

    • Necessity: Self-defense must be necessary. Other peaceful means of redress must be attempted first.
    • Proportionality: The force used in self-defense must be proportionate to the attack. Response should be commensurate to the threat.
    • Armed Attack: Self-defense is triggered only in cases of significant armed attacks - not just minor threats.

    Ambiguity in Self-Defense

    • International law leaves ambiguity for cases of attacks by private actors, such as terrorist groups, and anticipatory self-defense. Whether or not a state is able to respond to such attacks by resorting to self-defense is debated.
    • Debate continues about the extent of this right in such situations.
    • The use of force in self-defense requires careful consideration of international law precedents in order to avoid violating UN Charter provisions.

    Law of Armed Conflict (LOAC)

    • LOAC comprises rules about the conduct of armed conflict. This is often considered humanitarian law as it aims to minimize suffering during war.
    • It distinguishes between jus ad bellum (the legality of initiating war) and jus in bello ( the conduct of warfare).
    • LOAC recognizes international humanitarian law governing warfare.

    Geneva and Hague Law

    • Geneva Law protects vulnerable groups like the wounded, sick, prisoners of war, and civilians during conflict.
    • Hague Law deals with the methods and means of warfare, aiming at limiting suffering and destruction.
    • These principles and protocols seek to balance military necessity and humanitarian concerns.

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    International Law: Armed Conflict Fall 2024/2025 PDF

    Description

    This quiz explores the essential principles of international law related to armed conflict, focusing on the UN Charter's role in regulating the use of force. Understand key concepts such as jus ad bellum and jus in bello, along with the prohibitions outlined in Article 2(4). Test your knowledge on these crucial aspects of international relations.

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