Podcast
Questions and Answers
What is the primary requirement for treaties to have domestic effect in Dualist States?
What is the primary requirement for treaties to have domestic effect in Dualist States?
- They must be registered with the UN.
- They must be enacted into domestic law through enabling legislation. (correct)
- They must be ratified by a national referendum.
- They must be published in international journals.
How does a treaty enter into force?
How does a treaty enter into force?
- Through a mandatory parliamentary vote.
- According to conditions specified in the treaty's text. (correct)
- Only after being registered with the UN.
- Immediately upon signing by the representatives.
What is the purpose of making reservations to treaties?
What is the purpose of making reservations to treaties?
- To ensure that the treaty never enters into force.
- To exclude or modify the legal effect of certain provisions of the treaty. (correct)
- To obligate the state to all provisions unconditionally.
- To completely invalidate the treaty for the state making the reservation.
According to Article 19 of the Vienna Convention, when can a state make a reservation?
According to Article 19 of the Vienna Convention, when can a state make a reservation?
What characterizes an allowed reservation?
What characterizes an allowed reservation?
What must occur for a reservation to take effect according to Article 20 of the Vienna Convention?
What must occur for a reservation to take effect according to Article 20 of the Vienna Convention?
What happens if a state objects to a reservation?
What happens if a state objects to a reservation?
Which article of the UN Charter mandates the registration of treaties?
Which article of the UN Charter mandates the registration of treaties?
What is the effect of a state's reservation on its obligations under a treaty?
What is the effect of a state's reservation on its obligations under a treaty?
Under what circumstance can a state withdraw or modify its reservation?
Under what circumstance can a state withdraw or modify its reservation?
What happens if a state objects to a reservation made by another state?
What happens if a state objects to a reservation made by another state?
Why are reservations that conflict with the purpose of a treaty considered invalid?
Why are reservations that conflict with the purpose of a treaty considered invalid?
What is the primary focus of the International Law Commission (ILC) Draft Articles on Responsibility of States for Internationally Wrongful Acts?
What is the primary focus of the International Law Commission (ILC) Draft Articles on Responsibility of States for Internationally Wrongful Acts?
If a state reserves the right to engage in actions that contradict a treaty's purpose, what is the outcome?
If a state reserves the right to engage in actions that contradict a treaty's purpose, what is the outcome?
What does it mean when states accept a reservation made by another state?
What does it mean when states accept a reservation made by another state?
What can be inferred about states that object to a reservation made by another state?
What can be inferred about states that object to a reservation made by another state?
What is the principle that self-defence must adhere to in international law?
What is the principle that self-defence must adhere to in international law?
According to the ICJ, when is the use of force justified under self-defence?
According to the ICJ, when is the use of force justified under self-defence?
What was a criticism of Israeli airstrikes during the conflict in Gaza?
What was a criticism of Israeli airstrikes during the conflict in Gaza?
Which authority determines the capacity to conclude a treaty according to the VCLT?
Which authority determines the capacity to conclude a treaty according to the VCLT?
What is the purpose of the authentication stage in the treaty-making process?
What is the purpose of the authentication stage in the treaty-making process?
What happens after the authentication of a treaty's text?
What happens after the authentication of a treaty's text?
What stage follows the consent to be bound in the updated treaty-making process?
What stage follows the consent to be bound in the updated treaty-making process?
Which example reinforces the concept that entities need sovereignty or legal personality for treaty-making capacity?
Which example reinforces the concept that entities need sovereignty or legal personality for treaty-making capacity?
What defines a breach of customary international law?
What defines a breach of customary international law?
Which case established that Iran must cease its unlawful conduct involving U.S. diplomats?
Which case established that Iran must cease its unlawful conduct involving U.S. diplomats?
What is required under Article 31 regarding internationally wrongful acts?
What is required under Article 31 regarding internationally wrongful acts?
Which of the following forms of reparation refers to monetary payment for injury caused?
Which of the following forms of reparation refers to monetary payment for injury caused?
What do countermeasures allow an injured state to do under international law?
What do countermeasures allow an injured state to do under international law?
In which case was Albania ordered to compensate the United Kingdom for damages incurred?
In which case was Albania ordered to compensate the United Kingdom for damages incurred?
What is the main criterion for countermeasures under international law?
What is the main criterion for countermeasures under international law?
What is referred to as serious breaches creating obligations for all states?
What is referred to as serious breaches creating obligations for all states?
What is a necessary condition for a state to impose countermeasures in response to another state's wrongful act?
What is a necessary condition for a state to impose countermeasures in response to another state's wrongful act?
Which principle must countermeasures adhere to in order to be justified under international law?
Which principle must countermeasures adhere to in order to be justified under international law?
Which of the following groups is included under the category of non-state actors in the context of International Humanitarian Law?
Which of the following groups is included under the category of non-state actors in the context of International Humanitarian Law?
What does Common Article 3 of the Geneva Conventions mandate during non-international armed conflicts?
What does Common Article 3 of the Geneva Conventions mandate during non-international armed conflicts?
In the case of Prosecutor v. Thomas Lubanga Dyilo, what violation was Lubanga convicted for?
In the case of Prosecutor v. Thomas Lubanga Dyilo, what violation was Lubanga convicted for?
What does Additional Protocol II (1977) build on concerning non-international armed conflicts?
What does Additional Protocol II (1977) build on concerning non-international armed conflicts?
What is a potential consequence for a state that imposes countermeasures exceeding the scope of the wrongful act they are responding to?
What is a potential consequence for a state that imposes countermeasures exceeding the scope of the wrongful act they are responding to?
Which of the following is NOT a requirement for the justified imposition of countermeasures?
Which of the following is NOT a requirement for the justified imposition of countermeasures?
What is required of the injured state before taking countermeasures?
What is required of the injured state before taking countermeasures?
What should happen once the responsible state ceases the wrongful act?
What should happen once the responsible state ceases the wrongful act?
Which of the following is an example of economic countermeasures?
Which of the following is an example of economic countermeasures?
What type of countermeasure involves suspending diplomatic relations?
What type of countermeasure involves suspending diplomatic relations?
Which of the following best describes military countermeasures?
Which of the following best describes military countermeasures?
What is the purpose of countermeasures?
What is the purpose of countermeasures?
In what scenario can legal countermeasures be initiated?
In what scenario can legal countermeasures be initiated?
Which of the following is NOT a type of countermeasure mentioned?
Which of the following is NOT a type of countermeasure mentioned?
Flashcards
Self-defence necessity
Self-defence necessity
Force used in self-defence must be necessary, meaning no other means or resolution are available, and proportional to the threat.
Proportionality in self-defense
Proportionality in self-defense
The force used in self-defense must be equivalent to the threat posed.
Treaty-making capacity
Treaty-making capacity
The legal ability of a state or organization to create treaties.
Treaty Negotiation
Treaty Negotiation
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Treaty Authentication
Treaty Authentication
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Vienna Convention on the Law of Treaties (VCLT)
Vienna Convention on the Law of Treaties (VCLT)
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Consent to be Bound
Consent to be Bound
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Treaty Approval (Step 5)
Treaty Approval (Step 5)
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Dualist States Treaty Implementation
Dualist States Treaty Implementation
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Treaty Entry into Force
Treaty Entry into Force
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Treaty Registration and Publication
Treaty Registration and Publication
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Treaty Reservation
Treaty Reservation
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Permissible Reservation
Permissible Reservation
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Prohibited Reservation
Prohibited Reservation
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Reservation Acceptance
Reservation Acceptance
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Reservation Objection
Reservation Objection
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International Wrongful Act
International Wrongful Act
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Cease Wrongful Act
Cease Wrongful Act
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Full Reparation
Full Reparation
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Restitution
Restitution
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Compensation
Compensation
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Satisfaction
Satisfaction
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Countermeasures
Countermeasures
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Erga Omnes Obligations
Erga Omnes Obligations
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Reservations to Treaties (VCLT)
Reservations to Treaties (VCLT)
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Incompatible Reservations
Incompatible Reservations
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Effect of Objecting to a Reservation
Effect of Objecting to a Reservation
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Withdrawal of a Reservation
Withdrawal of a Reservation
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State Responsibility
State Responsibility
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ILC Draft Articles
ILC Draft Articles
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Reservation's impact on treaty
Reservation's impact on treaty
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Prior Negotiation
Prior Negotiation
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Countermeasure Cessation
Countermeasure Cessation
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Diplomatic Countermeasures
Diplomatic Countermeasures
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Economic Countermeasures
Economic Countermeasures
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Legal Countermeasures
Legal Countermeasures
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Military Countermeasures
Military Countermeasures
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Types of Countermeasures
Types of Countermeasures
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Cessation of Wrongful Act
Cessation of Wrongful Act
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Proportionality in countermeasures
Proportionality in countermeasures
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Necessity in countermeasures
Necessity in countermeasures
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IHL and Non-State Actors
IHL and Non-State Actors
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Common Article 3
Common Article 3
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Lubanga Case Significance
Lubanga Case Significance
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Additional Protocol II (AP II)
Additional Protocol II (AP II)
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IHL and Non-State Actor Prosecution
IHL and Non-State Actor Prosecution
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Study Notes
Law 431 Scope: Principles of IHL
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Principle of Distinction: Parties in conflict must differentiate between combatants and civilians, and military and civilian objects. Only legitimate military targets can be attacked.
- Geneva Conventions (1949): Prohibits civilian attacks in non-international conflicts; Additional Protocol I (Articles 48, 51) codifies the rule in international conflicts.
- Prosecutor v. Tadić (ICTY, 1995): Confirmed distinction as customary international law, applicable in both international and non-international conflicts.
- Israel's Targeted Killing Case (2006): Israeli Supreme Court examined whether targeted killings violate distinction. Strict safeguards are required for compliance, such as verifying combatant status.
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Principle of Proportionality: Attacks must not cause excessive incidental harm to civilians or civilian objects in relation to anticipated military advantage.
- Additional Protocol I, Article 51(5)(b): Explicitly prohibits disproportionate attacks. Article 57(2)(a)(iii): Requires proportionality consideration during attack planning.
- Prosecutor v. Galić (ICTY, 2003): Ruled that the shelling of civilian areas in Sarajevo was disproportionate.
- Legality of the Use of Nuclear Weapons (ICJ, 1996): Stressed the need to balance military necessity with proportionality, but did not definitively determine legality in specific cases.
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Principle of Military Necessity: Use of force is permitted if necessary to achieve a legitimate military objective, so long as other IHL principles are not violated.
- Martens Clause (Hague Convention IV, 1907): Emphasizes that even without specific rules, military necessity cannot justify violations of humanitarian principles.
- Article 14 of Lieber Code (1863): Outlines military necessity within lawful limits.
- Erdemović Case (ICTY, 1998): Military necessity does not justify war crimes or IHL breaches; principle is not absolute.
Law 431 Scope: Additional Principles
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Principle of Humanity: Prohibits methods and means of warfare causing unnecessary suffering or harm beyond what's needed.
- Article 35(2) of Additional Protocol I: Prohibits weapons causing superfluous injury or unnecessary suffering.
- Chemical Weapons Case (ICJ, 1997): Reaffirmed the absolute prohibition of weapons causing unnecessary suffering.
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Principle of Non-Discrimination: All individuals affected by armed conflict must be treated equally, without distinction based on race, religion, nationality.
- Article 4 of the Third Geneva Convention and Article 27 of the Fourth Geneva Convention: Ensure equal treatment for prisoners of war and civilians.
- Prosecutor v. Krstić (ICTY, 2001): Case highlights violation of non-discrimination through genocide targeting Bosnian Muslims based on ethnicity and religion.
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Principle of Precaution: Efforts must be taken to minimize harm to civilians during military operations.
- Article 57 of Additional Protocol I: Obligates verification of targets, warning civilians when possible, and discontinuing attacks if proportionality cannot be maintained.
- Prosecutor v. Blaškić (ICTY, 2000): Inadequate precautions taken in attacks on civilian areas, emphasizing commander responsibility in ensuring civilian safety.
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Prohibition of Unnecessary Suffering: Prohibits weapons and methods causing superfluous harm or suffering, beyond what's needed to defeat the enemy.
- Article 35 of Additional Protocol I: Codifies this customary IHL prohibition.
- ICRC Commentary on Nuclear Weapons (1996): Using weapons intended to cause excessive suffering is a violation, even during lawful hostilities, per ICRC principles.
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Principle of Neutrality: Neutral states must refrain from supporting belligerent parties in armed conflict.
- Hague Convention V (1907): Codifies neutral powers' duties and rights.
- Armed Activities on the Territory of the Congo (ICJ, 2005): Ugandan involvement in supporting rebels in the DRC was a violation of neutrality principles.
Use of Force and Self-Defense
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Prohibition of the Use of Force: UN Charter Article 2(4) prohibits using force against another state's territorial integrity or political independence except for self-defense or UN Security Council authorization.
- Nicaragua v. United States (ICJ, 1986): US violated international law by supporting Contras in Nicaragua. Prohibition is a peremptory norm; any deviation must be justified.
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Right to Self-Defense: UN Charter Article 51 allows for self-defense from armed attack, pending Security Council action.
- The Caroline Case (1837): Established necessity and proportionality principles for self-defense. Response must be "instant, overwhelming and leaving no choice of means & no moment for deliberation".
- Nicaragua v. United States (ICJ, 1986): Self-defense only applies to armed attack—not other forms of intervention.
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Pre-emptive Self-Defense: Use of force in anticipation of an imminent armed attack; controversial in international law.
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Collective Self-Defense: UN Charter Article 51 allows a state to use force to defend another state under armed attack.
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Description
Explore the fundamental principles of International Humanitarian Law (IHL) in this quiz. Test your knowledge on the principles of distinction and proportionality, including their implications in real-world cases such as the Geneva Conventions and the Israeli Supreme Court ruling. Understand how these principles shape the conduct of parties in armed conflicts.