Internationaal Recht (Week 4) - Details

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19 questions

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Distinguish two kinds of ius in regards to the use of force.

Summarized: 1. Ius ad bellum: Rules that regulate when and for what purpose a state may use force against another state. It is law on the use of force. 2. Ius in bello: Rules that regulate how military hostilities must be conducted (Geneva conventions, etc.)

What is the main goal of the UN?

To secure stability, prevent the use of unilateral force and thereby save succeeding generations from the scourge of war.

What does the UN mean with the word force (article 2(4) UN Charter)? And what are the exceptions on this article.

Armed measures. Exceptions: 1. UNSC authorization (article 42 UN Charter) 2. Self-defence (article 51 UN Charter)

What do we mean with the obligation to respect the territory of other states?

Article 2(1) UN Charter says that there shall be no interference with another states internal affairs.

Name the characteristics of the UNSC.

Summarized: - 15 seats - 5 permanent members - 9 votes needed, unless one of the 5 members VETO's - Decisions of the SC have higher legal power than international obligations

Explain what the determinations are in regards to the UNSC.

The Council has to determine: 1. The threat to the peace 2. Breach of the peace 3. Act of agression

Explain what provisional measures are in regards to the UNSC.

The provisional measures are interim measures that prevent an aggravation of the situation. These measure are, in theory, recommendations by the UNSC. But in real life they have a binding character.

Explain the forcible and non-forcible measures that the UNSC can utilize.

Non forcible measures: - The UNSC can make binding calls to take measures not involving the use of force. Forcible measures: - The UNSC can authorize the initiation of military operations.

Why would the UNSC create a resolution when they already have the consent of the home state?

Summarized: 1. The adoption ensures that an UN-mandated operation can continue even if the host state decides to withdraw its consent 2. The council may nee to refer to Chapter VII to create binding obligations on the member states

Name the three limits of the UNSC.

The limits: 1. It is bound by the UN's general purposes and principles as formulated in art. 1 and 2 of the Charter 2. It can only deal with threats to the international peace and security 3. It cannot obligates states to disregard the norms of ius cogens (peremptory norms)

The ICJ distinguished two intensities for self-defence in the Nicaragua case, name them.

Summarized: 1. The most grave forms of the use of force 2. Other less grave forms

Self-defence can be authorized in what kind of situations?

Situation where the most grave forms of the use of force are being used. Situations where very serious consequences are about to happen. Territorial invasions, human fatalities, etc.

Can an act on the individual be an attack on the state.

Yes, this is a possibility. But there has been no case law from the ICJ about this.

Which two things must be stressed in regards to anticipatory self-defence?

Summarized: 1. A right to anticipatory self-defence must be strictly interpreted and only relied on in exceptional circumstances 2. Anticipatory self-defence must be distinguished from pre-emptive or preventive self-defence

Define the necessity and proportionality of self-defence.

Summarized: 1. Necessary: The more peaceful option have to been used before resorting to the use of force in self-defence. Self-defence has to be the last resort. 2. Proportionate: This principle requires the victim state to strike a fair balance between the armed attack and the measures taken to stop it.

Is collective self-defence permitted?

It is permitted. The assistance to the victim state has to be with consent from that state. But be aware: UNSC has to be informed.

What does R2P mean? And how does the international community think about it?

The Right to Protect is a right to do a humanitarian intervention with force. It has to be done with the support of the SC. The community is no fan of this idea.

What are the duties of article 2(4) when we look at the UNGA Resolution 2625 (1970)?

Duties: 1. Do not organize or encourage the invasion or attack of another State's territory 2. Do not organize, initiate, assist or participate in terrorist acts in another state 3. Do not accept organized activities with one’s own territory directed towards committing such acts

Name the 3 levels of support for non-State armed groups (Nicaragua v. USA, ICJ 1986)

Summarized: 1. Funding - article 2(4) not violated - Armed groups might build hospitals from funding, etc. 2. Supply weapons or training - article 2(4) violated 3. Organizing and sending of non-state armed groups to the territory of another state - article 2(4) violated

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