Law 431 Principles of IHL

Podcast

Play an AI-generated podcast conversation about this lesson

Questions and Answers

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?

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?

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?

Unless the treaty explicitly prohibits reservations. Signup and view all the answers

What characterizes an allowed reservation?

It modifies provisions without affecting the treaty's fundamental objectives. Signup and view all the answers

What must occur for a reservation to take effect according to Article 20 of the Vienna Convention?

It must be accepted by other states parties. Signup and view all the answers

What happens if a state objects to a reservation?

The state may not be bound by the modified provisions. Signup and view all the answers

Which article of the UN Charter mandates the registration of treaties?

Article 102 Signup and view all the answers

What is the effect of a state's reservation on its obligations under a treaty?

It modifies or excludes specific provisions of the treaty. Signup and view all the answers

Under what circumstance can a state withdraw or modify its reservation?

Subject to the consent of other parties. Signup and view all the answers

What happens if a state objects to a reservation made by another state?

The reservation is ineffective between the objecting and reserving state. Signup and view all the answers

Why are reservations that conflict with the purpose of a treaty considered invalid?

They contradict the central aims or fundamental principles of the treaty. Signup and view all the answers

What is the primary focus of the International Law Commission (ILC) Draft Articles on Responsibility of States for Internationally Wrongful Acts?

To outline consequences for violating international obligations. Signup and view all the answers

If a state reserves the right to engage in actions that contradict a treaty's purpose, what is the outcome?

The treaty remains valid, but the reservation is invalid. Signup and view all the answers

What does it mean when states accept a reservation made by another state?

They are bound by the modified provisions. Signup and view all the answers

What can be inferred about states that object to a reservation made by another state?

They are free from obligations imposed by that reservation. Signup and view all the answers

What is the principle that self-defence must adhere to in international law?

Self-defence must be necessary and proportional. Signup and view all the answers

According to the ICJ, when is the use of force justified under self-defence?

Only when no other means of resolution are available. Signup and view all the answers

What was a criticism of Israeli airstrikes during the conflict in Gaza?

They were claimed to be necessary but questioned for proportionality. Signup and view all the answers

Which authority determines the capacity to conclude a treaty according to the VCLT?

Article 6 of the Vienna Convention. Signup and view all the answers

What is the purpose of the authentication stage in the treaty-making process?

To confirm the official version of the treaty text. Signup and view all the answers

What happens after the authentication of a treaty's text?

Further amendments can only occur with mutual agreement. Signup and view all the answers

What stage follows the consent to be bound in the updated treaty-making process?

Approval. Signup and view all the answers

Which example reinforces the concept that entities need sovereignty or legal personality for treaty-making capacity?

The Western Sahara Advisory Opinion. Signup and view all the answers

What defines a breach of customary international law?

A breach of universally accepted legal norms, even if not codified Signup and view all the answers

Which case established that Iran must cease its unlawful conduct involving U.S. diplomats?

United States Diplomatic and Consular Staff in Tehran Signup and view all the answers

What is required under Article 31 regarding internationally wrongful acts?

Full reparations for the injury caused Signup and view all the answers

Which of the following forms of reparation refers to monetary payment for injury caused?

Compensation Signup and view all the answers

What do countermeasures allow an injured state to do under international law?

Implement measures justified in response to a wrongful act Signup and view all the answers

In which case was Albania ordered to compensate the United Kingdom for damages incurred?

Corfu Channel Case Signup and view all the answers

What is the main criterion for countermeasures under international law?

They must be proportional to the harm suffered Signup and view all the answers

What is referred to as serious breaches creating obligations for all states?

Erga Omnes Obligations Signup and view all the answers

What is a necessary condition for a state to impose countermeasures in response to another state's wrongful act?

The act must not violate pre-existing obligations under international law. Signup and view all the answers

Which principle must countermeasures adhere to in order to be justified under international law?

Proportionality and necessity Signup and view all the answers

Which of the following groups is included under the category of non-state actors in the context of International Humanitarian Law?

Armed rebel groups Signup and view all the answers

What does Common Article 3 of the Geneva Conventions mandate during non-international armed conflicts?

It obligates humane treatment of civilians. Signup and view all the answers

In the case of Prosecutor v. Thomas Lubanga Dyilo, what violation was Lubanga convicted for?

Using child soldiers Signup and view all the answers

What does Additional Protocol II (1977) build on concerning non-international armed conflicts?

It provides detailed protections beyond Common Article 3. Signup and view all the answers

What is a potential consequence for a state that imposes countermeasures exceeding the scope of the wrongful act they are responding to?

They could face international legal repercussions. Signup and view all the answers

Which of the following is NOT a requirement for the justified imposition of countermeasures?

Good faith Signup and view all the answers

What is required of the injured state before taking countermeasures?

Attempt peaceful negotiation Signup and view all the answers

What should happen once the responsible state ceases the wrongful act?

Countermeasures must also end Signup and view all the answers

Which of the following is an example of economic countermeasures?

Suspending trade agreements Signup and view all the answers

What type of countermeasure involves suspending diplomatic relations?

Diplomatic Countermeasures Signup and view all the answers

Which of the following best describes military countermeasures?

Heavily constrained by international law Signup and view all the answers

What is the purpose of countermeasures?

To compel the responsible state to comply with obligations Signup and view all the answers

In what scenario can legal countermeasures be initiated?

To bring issues before an international court or tribunal Signup and view all the answers

Which of the following is NOT a type of countermeasure mentioned?

Psychological Countermeasures Signup and view all the answers

Study Notes

Law 431 Scope: Principles of IHL

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.
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.
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

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.
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.
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.
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.
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

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.
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.
Pre-emptive Self-Defense: Use of force in anticipation of an imminent armed attack; controversial in international law.
Collective Self-Defense: UN Charter Article 51 allows a state to use force to defend another state under armed attack.

Studying That Suits You

Use AI to generate personalized quizzes and flashcards to suit your learning preferences.

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.