Public International Law GOVT 2047 - Use of Force
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What was the primary claim made by Nicaragua against the United States in the 1986 ICJ case?

  • The U.S. had imposed economic sanctions on Nicaragua.
  • The U.S. had illegally invaded Nicaragua.
  • The U.S. supported the Contras against the Nicaraguan government. (correct)
  • Nicaragua was attempting to secede from the U.S.

    • Which of the following was considered an important factor in the ICJ ruling against the U.S.?

  • Nicaragua lacked a competent government at the time.
  • The U.S. had publicly acknowledged its support for the Contras.
  • The U.S. had previously intervened successfully in Nicaragua.
  • The evidence of a close relationship between the Contras and the U.S. was overwhelming. (correct)

    • What did the ICJ award to Nicaragua following the ruling against the U.S.?

  • Military support from the United Nations.
  • Reparations for damages caused by U.S. actions. (correct)
  • Political asylum for Nicaraguan leaders.
  • Economic sanctions against the U.S.

    • What action did the U.S. take after the ICJ rejected its argument about jurisdiction?

    <p>The U.S. refused to participate in the proceedings.</p> Signup and view all the answers

    Which concept does the case of Nicaragua v. the United States highlight related to international law?

    <p>The limits of national sovereignty against foreign influence.</p> Signup and view all the answers

    What is a major reason states seldom invoke anticipatory self-defense?

    <p>Fear of creating dangerous precedents</p> Signup and view all the answers

    Which countries have invoked anticipatory self-defense?

    <p>Israel and the US</p> Signup and view all the answers

    What does the principle of 'necessity' require for a state to use self-defense?

    <p>Occurrence of an armed attack</p> Signup and view all the answers

    According to customary international law, what limitation applies to the right of self-defense?

    <p>Proportionality and necessity</p> Signup and view all the answers

    What does the principle of 'proportionality' demand in the context of self-defense?

    <p>Defensive action must be commensurate with the attack</p> Signup and view all the answers

    What did the ICJ state regarding the US activities in the 'Nicaragua case'?

    <p>They did not satisfy the criterion of proportionality</p> Signup and view all the answers

    Which incident was cited as an example of anticipatory self-defense by Israel?

    <p>Destruction of Iraq's nuclear reactor</p> Signup and view all the answers

    What was the global reaction to the US invasion of Iraq in 2003 regarding self-defense?

    <p>Widespread condemnation</p> Signup and view all the answers

    Which statement accurately reflects the principle of statehood sovereignty?

    <p>A sovereign state can exercise functions within its territory without interference from others.</p> Signup and view all the answers

    What is implied by the term 'terra nullis' in the context of territory acquisition?

    <p>The land is uninhabited and belongs to no one.</p> Signup and view all the answers

    According to Article 2(4) of the UN Charter, states are prohibited from which of the following?

    <p>Threatening the territorial integrity of other states.</p> Signup and view all the answers

    What historical context led to the establishment of the prohibition of force in the UN Charter?

    <p>The consequences of World War II.</p> Signup and view all the answers

    What is the inherent right mentioned in Article 51 of the UN Charter?

    <p>Right to collective or individual self-defense against armed attacks.</p> Signup and view all the answers

    In which scenario is the use of force by states legally justified?

    <p>In response to a military invasion by another state.</p> Signup and view all the answers

    Which of the following is NOT a condition for legally occupying a territory?

    <p>The territory is already claimed by a state.</p> Signup and view all the answers

    What principle does the Island of Palmas case (1928) illustrate regarding statehood?

    <p>The right to territory is based on effective control rather than mere claims.</p> Signup and view all the answers

    What does the court believe about the concept of armed attack?

    <p>It includes assistance to rebels through logistical support.</p> Signup and view all the answers

    What is the basis of the argument for anticipatory self-defense?

    <p>The idea of military necessity.</p> Signup and view all the answers

    What does Article 51 of the UN Charter state about self-defense?

    <p>Self-defense is permissible only if an armed attack occurs.</p> Signup and view all the answers

    What was the significant event related to the Caroline case?

    <p>Seizure and destruction of an American ship by British forces.</p> Signup and view all the answers

    According to the Nicaragua case, how does the World Court define 'armed attack'?

    <p>Includes actions by irregulars or mercenaries that match the severity of a regular armed attack.</p> Signup and view all the answers

    According to the Caroline test, when is preemptive self-defense permissible?

    <p>When the necessity is instant and overwhelming.</p> Signup and view all the answers

    What are the two differing views on the interpretation of self-defense under Article 51?

    <p>Permissive and restrictive.</p> Signup and view all the answers

    What did the Nicaraguan government do in September 1992 regarding its complaint?

    <p>Withdrew its complaint.</p> Signup and view all the answers

    What is the view of the permissive school regarding the Caroline case?

    <p>It is a classic formulation of customary international law.</p> Signup and view all the answers

    Which approach does the 'restrictive school' adhere to regarding self-defense?

    <p>Self-defense is only invoked for actual armed attacks.</p> Signup and view all the answers

    How did Mr. Webster's letter influence the concept of self-defense?

    <p>It outlined the requirements for justifiable self-defense.</p> Signup and view all the answers

    How did the International Court of Justice view the provisions of the UN Charter?

    <p>As dynamic and adaptable over time.</p> Signup and view all the answers

    What does customary international law state about anticipatory self-defense based on subsequent state practice?

    <p>It supports a right to act before an attack occurs.</p> Signup and view all the answers

    What criteria must be met for anticipatory self-defense according to the Caroline test?

    <p>The response must be instant and leave no choice of means.</p> Signup and view all the answers

    Which view does the 'permissive school' on self-defense support?

    <p>States can exercise self-defense beyond traditional armed attacks.</p> Signup and view all the answers

    What was a consequence of the enforcement being blocked by the UN Security Council in the Nicaragua case?

    <p>Nicaragua was unable to secure actual compensation.</p> Signup and view all the answers

    What was the overarching conclusion of the ICJ regarding US actions in Nicaragua?

    <p>The ICJ ruled that the U.S. had violated international law by supporting the Contras and mining Nicaragua's harbors.</p> Signup and view all the answers

    In what ways did the U.S. influence the capabilities of the Contras during their rebellion?

    <p>The U.S. significantly financed, trained, armed, and advised the Contras, enabling them to conduct military operations.</p> Signup and view all the answers

    What actions did the U.S. take in response to the ICJ's jurisdiction ruling?

    <p>The U.S. refused to participate in the ICJ proceedings after its argument regarding jurisdiction was rejected.</p> Signup and view all the answers

    How does the Nicaragua case illustrate the tension between state sovereignty and humanitarian intervention?

    <p>The case raises questions about whether external intervention is justified in light of state sovereignty, particularly in the context of civil wars.</p> Signup and view all the answers

    What reparations did the ICJ award to Nicaragua after ruling against the U.S.?

    <p>The ICJ awarded reparations to Nicaragua for the violations committed by the U.S. during the conflict.</p> Signup and view all the answers

    What does the principle of 'territory' signify in the context of statehood according to the Montevideo Convention?

    <p>Territory signifies an essential attribute of statehood, allowing an independent state to exercise control over its area exclusively.</p> Signup and view all the answers

    Explain the term 'terra nullis' in relation to the legal occupation of territory.

    <p>'Terra nullis' refers to land that belongs to no one, implying it must be uninhabited for legal occupation to occur.</p> Signup and view all the answers

    What is the significance of Article 2(4) of the UN Charter regarding the use of force?

    <p>Article 2(4) prohibits all members from using or threatening force against the territorial integrity or political independence of any state.</p> Signup and view all the answers

    In what scenario can a state exercise the right to self-defense according to Article 51 of the UN Charter?

    <p>A state can exercise self-defense if an armed attack occurs against it until the Security Council intervenes.</p> Signup and view all the answers

    What does the UN Charter state regarding territories acquired through force?

    <p>The UN Charter mandates that states have a duty not to recognize territories acquired through force.</p> Signup and view all the answers

    How has historical conquest influenced modern international law concerning territory acquisition?

    <p>Modern international law does not validate conquest as a method for acquiring territory following a war.</p> Signup and view all the answers

    What fundamental duty do states hold in their international relations as highlighted in Article 2(4)?

    <p>States must refrain from the threat or use of force in their international relations.</p> Signup and view all the answers

    What role does effective control play in determining whether territory is occupied?

    <p>Territory is considered occupied when it is under the effective control of another state.</p> Signup and view all the answers

    How does the International Court of Justice view the evolution of the UN Charter provisions over time?

    <p>The ICJ regards the Charter provisions as dynamic and capable of change through state practice.</p> Signup and view all the answers

    What distinct interpretations exist regarding the limitations of self-defense under Article 51?

    <p>The permissive school believes in broader rights of self-defense, while the restrictive school maintains that it is limited to actual armed attacks.</p> Signup and view all the answers

    What constitutes an 'armed attack' according to the ruling in the Nicaragua case?

    <p>An armed attack includes actions by regular armed forces or the sending of armed bands that conduct acts against another state of significant gravity.</p> Signup and view all the answers

    In what circumstances does Article 51 of the UN Charter allow a state to exercise its right to self-defense?

    <p>Self-defense is permitted if an armed attack occurs against a member state until the Security Council has taken necessary measures.</p> Signup and view all the answers

    What significant decision did the Nicaraguan government make in September 1992 regarding its previous complaint?

    <p>The Nicaraguan government withdrew its complaint from the International Court of Justice.</p> Signup and view all the answers

    What impact did the UN Security Council's actions have on Nicaragua's ability to obtain compensation?

    <p>The UN Security Council blocked enforcement of the judgment, preventing Nicaragua from receiving any actual compensation.</p> Signup and view all the answers

    How does the practice of communities influence the interpretation of Article 51 in the context of self-defense?

    <p>State practice shapes the interpretation of self-defense, allowing for a broader understanding as influenced by customary international law.</p> Signup and view all the answers

    What does the restrictive school argue concerning the concept of self-defense under international law?

    <p>The restrictive school argues that self-defense is confined solely to instances of actual armed attacks.</p> Signup and view all the answers

    What does the concept of 'armed attack' include according to the court in the Nicaragua case?

    <p>The concept includes acts by armed bands on a significant scale and assistance to rebels with weapons and logistical support.</p> Signup and view all the answers

    What is anticipatory self-defense, and what basis does it have under customary international law?

    <p>Anticipatory self-defense allows states to act when an attack is expected, based on the principle of military necessity.</p> Signup and view all the answers

    What criteria does the Caroline test specify for the legality of preemptive self-defense?

    <p>The Caroline test requires that the necessity for self-defense must be instant, overwhelming, and leave no choice of means.</p> Signup and view all the answers

    In the context of the Caroline case, what did Mr. Webster assert regarding the necessity of self-defense?

    <p>Mr. Webster stated that a necessity for self-defense must be instant, overwhelming, and leave no room for deliberation.</p> Signup and view all the answers

    What is the difference in interpretation between the permissive and restrictive schools regarding the Caroline case?

    <p>The permissive school views the Caroline case as a classic formulation allowing anticipatory self-defense, while the restrictive school advocates a more limited view.</p> Signup and view all the answers

    Why is the Caroline case considered classic in discussions of anticipatory self-defense?

    <p>The Caroline case exemplifies the historical practice of states in self-defense and has been recognized in subsequent legal discussions.</p> Signup and view all the answers

    What role does military necessity play in the argument for anticipatory self-defense?

    <p>Military necessity posits that attacking first can be a justified defensive measure when an immediate threat is anticipated.</p> Signup and view all the answers

    How did the interactions between Great Britain and the United States influence the understanding of self-defense?

    <p>Their correspondence regarding the Caroline incident established foundational principles that inform modern interpretations of self-defense.</p> Signup and view all the answers

    Why do states rarely invoke anticipatory self-defense, despite its theoretical acceptance in international law?

    <p>States rarely invoke anticipatory self-defense due to the fear of creating a dangerous precedent, leading to widespread condemnation from the international community.</p> Signup and view all the answers

    What limitations are placed on the right of self-defense under customary international law?

    <p>The right of self-defense is subject to the limitations of 'necessity' and 'proportionality.'</p> Signup and view all the answers

    In what context was anticipatory self-defense asserted by Israel in 1981, and how was it received by the international community?

    <p>Israel invoked anticipatory self-defense during the destruction of Iraq's nuclear reactor in 1981, which was strongly condemned by the UN Security Council as a violation of international norms.</p> Signup and view all the answers

    What did the ICJ state about the U.S. activities in the Nicaragua case related to the principle of proportionality?

    <p>The ICJ stated that U.S. activities, including mining Nicaraguan ports and attacking oil installations, did not satisfy the principle of proportionality.</p> Signup and view all the answers

    How does the principle of necessity define the conditions under which a state can use force in self-defense?

    <p>The principle of necessity allows a state to use force in self-defense only if an actual armed attack occurs against it.</p> Signup and view all the answers

    What is the significance of the 'Caroline case' in the context of anticipatory self-defense?

    <p>The 'Caroline case' is significant as it formulated the conditions under which anticipatory self-defense could be argued, emphasizing necessity and proportionality.</p> Signup and view all the answers

    Discuss an instance where the U.S. invoked anticipatory self-defense and its consequences on international relations.

    <p>The U.S. invoked anticipatory self-defense during the invasion of Iraq in 2003, which resulted in widespread international condemnation.</p> Signup and view all the answers

    In what way does the concept of anticipatory self-defense impact the customary laws governing state behavior?

    <p>The concept of anticipatory self-defense creates tension within customary law as many states do not accept its legitimacy, fearing it disrupts international order.</p> Signup and view all the answers

    Study Notes

    Public International Law GOVT 2047

    • Course name: Public International Law
    • Course code: GOVT 2047

    The Use of Force by States

    • Introduction

      • Statehood, sovereignty, and jurisdiction are essential attributes of statehood (Article 1, Montevideo Convention of 1933).
      • A sovereign state has the right to exercise its functions within its territory to the exclusion of all other states (Island of Palmas Case 1928).
      • Historically, some territories were acquired by occupation (e.g., Falkland Islands, Gibraltar).
      • A territory can be legally occupied only if it is terra nullius (uninhabited).

    • History

      • Historically, conquest was a mode of acquisition following war.
      • Conquest is no longer a valid title (Article 2(4) UN Charter).
      • States have a duty not to recognize territory acquired through force.
      • The prohibition on the use of force in the UN Charter (Article 2(4), 1945) was a response to WWII.
      • All members shall refrain from threatening or using force against the territorial integrity or political independence of any other states, or in any other manner inconsistent with the purposes of the United Nations. This is directed at inter-state conflict.

    • UN Charter, Article 51

      • Nothing in the UN Charter impairs the inherent right of individual or collective self-defense if an armed attack occurs against a member-state. This applies until the Security Council has taken measures for international peace and security.
      • Measures taken in self-defense are immediately reported to the Security Council.
      • Self-defense measures do not affect the Security Council's authority under the Charter.

    • Controversial Issues

      • Scope of the right of self-defense.
      • Use of force to further self-determination, intervene in civil wars, recover illegally seized territory, or in humanitarian intervention.
      • The interpretation of the use of force in the context of democracy restoration, effective government, self-determination (outside decolonization) and response to terrorist attacks.
      • Level of Security Council's control over the use of force.

    • The Republic of Nicaragua v. The United States of America (1986)

      • Nicaragua claimed the US created the Contras; this claim was rejected.
      • Court found overwhelming evidence of a close US relationship with Contras.
      • The US played a significant role in financing, training, arming, and advising the Contras. Contras' military capabilities were enhanced due to this support.
      • The case was heard before the International Court of Justice (ICJ) with the court ruling in favor of Nicaragua.
      • Revoked US support, reparations ordered.

    • The Nicaragua Case (1986)

      • The ICJ held the US violated international law by supporting the Contras and mining Nicaragua's harbors.
      • The US refused to participate in the proceedings and blocked the enforcement of the ICJ's judgment.
      • Nicaragua withdrew its complaint.

    • The Meaning of "Armed Attack"

      • An armed attack includes actions by regular armed forces across borders, sending armed bands, groups, irregulars or mercenaries, carrying out acts of aggression. Such actions must be sufficiently grave and substantial for them to constitute an armed attack.
      • Assistance to rebels through weapons or support may constitute a threat or use of force, or intervention in the internal or external affairs of other states.

    • Egalitarianism of Anticipatory Self-Defense

      • Arguments to widen the exceptional rights of self-defense include the right of anticipatory self-defense when an attack is expected.
      • The idea is often based on military necessity.

    • Caroline Case (1841)

      • Originated from the 1837 Canadian rebellion.
      • The US ship, Caroline, assisted Canadian rebels, and British forces responded by entering US territory and attacking the ship.
      • The incident prompted diplomatic correspondence between Great Britain and the US regarding the legality of the attack (Caroline test). The correspondence provided a key test for the legitimate use of force.
      • Necessity for self-defense has to be immediate, overwhelming, and leaves no choice of means, and no moment for deliberation.

    • The Caroline Test

      • Defines a valid use of preemptive self-defence, emphasising necessity must be instant, overwhelming, and leaves no choice of means and no moment for deliberation

    • Invoking Anticipatory Self-Defense

      • Fear of creating a dangerous precedent usually dissuades states from using this right.
      • A few states (Israel and the US among others) have invoked preemptive self-defense in the past (e.g., Israeli destruction of the Iraqi nuclear reactor and the US invasion of Iraq in 2003). However, these actions often met with heavy international condemnation.
      • The overwhelming practice of states after the emergence of the UN never accepts the right of anticipatory self-defense. This would not constitute customary law.

    • Individual Self Defense

      • Subject to limitations of necessity and proportionality.
      • These limitations are reaffirmed in the judgment of the ICJ in the Nicaragua case.

    • Necessity

      • A state can only use force in self-defence when an armed attack occurs.
      • The necessity is ascertained if an actual armed attack has occurred.
      • The state under attack must have had no other means of stopping the attack apart from the use of force.

    • Proportionality

      • The defensive action must be commensurate with the armed attack and should be proportional.
      • The Nicaraguan case showed the court had difficulty applying proportionality to US actions.

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