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Questions and Answers
What is the condition for a State to use the right of self-defence?
What is the condition for a State to use the right of self-defence?
- The State is a permanent member of the UN Security Council
- The State has a mutual defence treaty with another country
- The State is the victim of an armed attack that is a breach of article 2.4 (correct)
- The State has a history of aggression against its neighbors
What is the principle that limits the use of force in self-defence?
What is the principle that limits the use of force in self-defence?
- Principle of reciprocity
- Principle of sovereignty
- Principle of proportionality (correct)
- Principle of necessity
When can a State no longer use the right of self-defence?
When can a State no longer use the right of self-defence?
- When the United Nations Security Council intervenes
- When the victim State achieves a decisive military victory
- When the attack from the attacking State stops (correct)
- When the attacking State surrenders
What is the requirement for a State to use the right of self-defence in response to an armed attack?
What is the requirement for a State to use the right of self-defence in response to an armed attack?
What is the challenge in evaluating the proportionality of a response to an armed attack?
What is the challenge in evaluating the proportionality of a response to an armed attack?
What is the primary reason for emphasizing that the right to self-defence is not created by the UN Charter?
What is the primary reason for emphasizing that the right to self-defence is not created by the UN Charter?
What is the consequence of crystallizing the right to self-defence in a treaty?
What is the consequence of crystallizing the right to self-defence in a treaty?
According to the article, what is the role of the Security Council in the context of self-defence?
According to the article, what is the role of the Security Council in the context of self-defence?
What is the requirement for Member States exercising their right to self-defence?
What is the requirement for Member States exercising their right to self-defence?
What is the underlying principle of the right to self-defence, according to the article?
What is the underlying principle of the right to self-defence, according to the article?
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Study Notes
Conditions for Self-Defense
- A State may invoke the right of self-defense in response to an armed attack.
- Necessity and proportionality are essential requirements for the lawful exercise of self-defense.
Principle Limiting Use of Force in Self-Defense
- The principle of proportionality limits the use of force, insisting that any response must not exceed what is necessary to repel the attack.
When Self-Defense can No Longer be Used
- A State can no longer claim self-defense when the situation has de-escalated or when the threat has been eliminated.
Requirements for Self-Defense in Armed Attacks
- A State’s response must be immediate and directly related to the armed attack it is responding to.
Challenge in Evaluating Proportionality
- Determining proportionality is challenging due to subjective interpretations and the context of the attack, including the intensity and scale of the response.
Self-Defense and the UN Charter
- The right to self-defense preexists the UN Charter, emphasizing that States retain inherent rights independent of treaty formalization.
Consequence of Crystallizing Self-Defense in a Treaty
- Treaties may restrict the inherent right to self-defense, as codification could lead to legal limitations that do not exist in customary international law.
Role of the Security Council in Self-Defense
- The Security Council plays a crucial role in addressing threats to peace and may intervene when a State’s self-defense is deemed excessive or unjustified.
Requirements for Member States Exercising Self-Defense
- Member States must notify the Security Council of any self-defense actions taken, as part of maintaining international peace and security.
Underlying Principle of Self-Defense
- The underlying principle is the necessity to protect a State's sovereignty and territorial integrity against unlawful aggression.
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