Week 9

An attack by a state against another state, involving the use of military force, that reaches a certain threshold of gravity, typically involving significant and sustained military operations.

A state can use force in self-defense only if it is "necessary" and "proportional" to the threat.

A state's use of force against another state must be necessary to protect itself from an imminent threat.

The use of force by a state in self-defense must be proportional to the threat it is facing.

The principle that states should refrain from interfering in the internal affairs of other states.

The use of force by a state against another state without the authorization of the UN Security Council is considered a violation of international law.

When states collectively defend a state against an armed attack.

A state's use of force against another state in response to an armed attack by a third state, is a legitimate reason for the use of force.

A period in history where war was considered legal, acceptable, and common, with only a few exceptions.

A time when international law began to view war as unacceptable and prohibited, including the threat of force.

This era sees a shifting view of sovereignty, with a focus on the "Responsibility to Protect" (R2P) concept, where intervening in conflicts becomes a necessity to protect civilians.

A philosophical theory developed in the 13th century by Thomas Aquinas, which explored moral boundaries and conditions for just warfare.

One of the principles of Just War Theory, which examines who has the right to wage war.

A key aspect of Just War Theory, focusing on the reasons behind launching a war.

An element of Just War Theory, emphasizing the intention behind a war, highlighting the pursuit of a common good.

A major shift in international law, where the 1945 UN Charter explicitly denounce war and prohibits the use of force in nearly every circumstance.

Part of the UN Charter, Article 2, paragraph 4, which forbids all UN member states from threatening or using force against another state's territorial integrity or political independence.

A legal exception to the UN Charter's prohibition on using force, allowing a state to defend itself from an armed attack.

The use of military force by one state against another, including invasions and bombings, that constitutes a serious violation of international law.

The ICJ ruled that the US violated Nicaragua's sovereignty by sending its planes over Nicaraguan airspace.

The ICJ determined that the US violated international law by placing mines in Nicaragua's waters, disrupting its maritime commerce and sovereignty.

The ICJ found that the US's actions of providing aid and support to the Contras, which included training, arming, and equipping them, were considered a breach of Nicaragua's sovereignty and a violation of international law.

The ICJ ruled that the US could not justify its military actions in Nicaragua on the grounds of collective self-defense due to the lack of an armed attack against El Salvador and the absence of a formal request from El Salvador for assistance.

The ICJ found that the US violated Nicaragua's sovereignty by interfering in its internal affairs by supporting the Contras and destabilizing the government.

The ICJ ruled that the US violated international law by using force against Nicaragua, both through direct attacks and by supporting the Contras.

The ICJ determined that the US violated international law by violating Nicaragua's sovereignty through actions like sending aircraft over its airspace, placing mines in its waters, and supporting the Contras.

The use of force by one state against another, involving regular armed forces crossing an international border, or the sending of armed bands, irregulars, or mercenaries by a state, resulting in significant acts of violence.

Incidents on the border between countries that are not considered sufficiently serious to be classified as an armed attack.

Providing weapons or logistical support to rebel groups by a state is not automatically considered an armed attack, but it can be deemed a threat or use of force.

The principle that states can use force in self-defense only when facing an armed attack, as defined by the UN Charter.

Multiple states collaborating to maintain or restore international peace and security.

The Security Council (UNSC) has the power to determine if a threat to peace, breach of the peace or act of aggression exists. It can then recommend or decide how to restore international peace and security.

The UNSC can use force, sanctions or other means to maintain or restore international peace and security. It can also call for provisional measures before taking action. This is called collective security.

The UNSC can authorize the use of force (UoF) as a last resort if all other peaceful means fail to restore peace.

The UNSC can use the Use of Force (UoF) under collective security. Collective security means that the UNSC works together as a group to deal with threats to peace.

The UNSC can call upon states to resolve disputes peacefully. This can involve negotiation, mediation, or other peaceful measures.

The UNSC can mandate provisional measures to help resolve disputes. These measures can be taken before a final decision on the course of action is reached.

When the UNSC is actively considering a dispute, the General Assembly cannot take action on the same issue under Article 12 of the UN Charter.

The state that is involved in the dispute cannot vote on the matter, as per Article 27(3) of the UN Charter.

A framework developed to protect populations from atrocities like genocide, war crimes, ethnic cleansing, and crimes against humanity. It emphasizes a state's responsibility to protect its own people, and the international community's role in assisting and intervening when necessary.

The principle that a state's primary responsibility is to protect its own population from grave crimes such as genocide, war crimes, ethnic cleansing, and crimes against humanity. This obligation includes prevention, reaction, and rehabilitation.

The international community's duty to assist states in fulfilling their responsibility to protect their populations. This includes providing financial, technical, and capacity-building support.

The international community's right and responsibility to take timely and decisive action, including the use of force as a last resort, to protect populations from mass atrocities when a state is unwilling or unable to do so.

The principle that a state has the right to use force to defend itself against an armed attack by a non-state actor, even if that actor is based outside its borders. This principle applies if the state can demonstrate that the non-state actor is acting with the effective control of another state.

The degree of control a state exercises over a non-state actor, such as an armed group. This may include providing training, weapons, funding, logistical support, or strategic direction. Establishing effective control is crucial for attributing an armed attack to a state.

The period following the 2003 invasion of Iraq marked a significant shift in understanding sovereignty, moving from a focus on non-interference to a responsibility to protect populations from atrocities. This transition highlighted the need for international action when states fail to protect their people.

The idea that the traditional concept of state sovereignty, which emphasized non-interference in internal affairs, is no longer absolute. Instead, a state's sovereignty is now seen as conditional on its responsibility to protect its own population from mass atrocities.