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International law > exam bits and bobs > Flashcards

exam bits and bobs Flashcards

1
Q

International Covenant on Civil and Political Rights

guarantees freedom of movement, including the right of persons to choose their residence and to leave a country

A

12(4)

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2
Q

declaration of human rights

every one has the right to leave and go from their home country

A

13(2)

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3
Q

security council resolution of yom kippur cease fire.

A

338

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4
Q

of the Geneva convention is perfidy

A

article 37

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5
Q

242

A

1967 - UNSC chap 6 for peace and withdrawal of forces from the territories,

very ambiguous
territories - all territories?
forces - all forces?

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6
Q

why is UNSC bindining

A

article 25 of the UN Charter

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7
Q

what is 1977 Geneva convention?

A 
most SC members are not bound
national liberation movements
racist - SA
colonial - USSR, afghan
alien occupation - il
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8
Q

UNGA
partition plan of 1947
includes Balfour and Palestinian mandate, acceptance of borders but has no specifications.

A

181

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9
Q

what precedes UN charter or treaties?

A

article 105 gives the carter precedence.

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10
Q

whats the thing about hr, whoo keeps it?

A

every one breaks it, the usa breaks it with capital punishment and Saudi with cutting peoples hands off.

most of HR is customary

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11
Q

what is article 51

A

Article 51. Nothing in the present Charter shall impair the inherent right of individual or collective self-defence if an armed attack occurs against a Membe

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12
Q

What are the powers of the United Nations Security Council

A

outlined in the United Nations Charter,

  • establishment of peacekeeping operations,
  • establishment of international sanctions,
  • authorization of military action
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13
Q

gaza?

A

under article 42 of the 4th Hague convention of 1907

territory is under occupation if under the authority of the hostile army

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14
Q

can you pass law to stop IL

A

no,
internally though if there is a clash you do as you wish

patriot law is against HR

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15
Q

is attacking irn legal?

A

1 if iran attack first
2 if iran is planning a re-emptive attack, but caroline case and points.
3 is it proportional? civilian targets? cannot attack civilians even if it is nuclear if not used for military
4 UNSC allows threat to world peace and allow attack

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16
Q

will UNSC authorise force?

A

1) IL prevents/prohibits pre-emptive attacks.
2) article 2 of charter says no use of force, set example
3) article 51 doesn’t allow pre-emptive, only if armed attack
UNSC made il pay compensation after 81, no legality for pre emptive.
Caroline attack
India Pakistan
good strategic sense but illegal

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17
Q

if US soldiers dress like sheep and fight in syria, POW?

A
  • US must be at war, armed conflict
  • automatic for soldiers to get POW
  • sheep is not perfidious
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18
Q

self determination is a right under IL?

A

unless harms territorial integrity of existing state
eg Canada, Texas etc
who is a ppl is philosophical
this includes colonies.

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19
Q

if contradiction between treaty and custom what takes precedence?

A

generally ppl can choose. not forgetting Jus Cogens.

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20
Q

GOLAN case for il

A
  • Acquired Golan through prescription

- Won through ’67 war and its not fair that Syria gets territory back, it’s a win-win for them

21
Q

GOLAN case for Syria

A
  • Uti Possidetis
  • Israel cannot transfer territory through war

[Maps are not absolute proof of sovereignty- just evidence]

22
Q

What does the colonial powers have to do with land today

A

Uti Possidetis- new states inherit their old colonial boundaries however arbitrary they are, they can negotiate to change it but the old boundaries remain-

23
Q

what is chapter 6

A

Authorizes the Security Council to take non binding measures. Most resolutions of the UN Security Council are under chapter 6 that is they are not binding. Similar to resolutions of the UN General Assembly.

24
Q

what is chpter 7

A

Binding on all states – If the UN says they are acting under chapter 7 it means that there was an act of aggression, threat to World Peace and security and it is binding on all states. They agreed to accept the authority of the Security Council

25
Q

what is GA binding?

A

Issues of the Budget of the General Assembly and Issues of Procedure, otherwise decisions of the General Assembly are not binding

26
Q

what 3 things do peace keeping forces hold u

A

observance
neutral for citisens
trip wire

27
Q

how does new member in UN come

A

When states are accepted into the UN it is required by the GA and the SC

28
Q

In order to turn HR into binding international law, what would have had to have happened?

A

Make it a part of the Charter or transform it into treaty and invite countries to sign it.

29
Q

SecretaryGeneral (or UN Secretariat)

A

is appointed by the General Assembly and the Security Council for five years. There is a tradition that the SG cannot have nationality of one of the 5 permanent members

In charge of the whole bureaucracy of the UN (includes all of the personnel, peace keeping forces, commission of inquiry & Commission of inquiries, budget, in charge of negotiating peace keeping forces, international mediator in disputes, investigator). Very important job and also depends on the character of the man. He has immunity everywhere in the world

30
Q

why is HR not bound

A

These rights are being enforced in states that would apply them anyway regardless of a treaty, the problem lies in states that don’t apply human rights but at least the prisoner in the totalitarian state has something to hold on to

31
Q

who enforces HR

A

• International Human rights are enforced by public opinion sometimes unilateral sanctions (some countries say they won’t deal with a certain country because they violated human rights), Multilateral Sanction, condemnation

32
Q

Refugees

A

You cannot prosecute him for illegal entry but you can detain him.
You do not have to grant him permanent residence status- you can expel him but not to the country where he could be persecuted.

political refugee? You need to give him a hearing. You cannot refuse entry because it is the same as sending him back.

Switzerland did this to Jews

33
Q

International Criminal Court

A

somebody committed a grave war crime or crime against humanity and the state with the closest link to the man is either unable or unwilling to try the man

There is also an office of a prosecutor and various courts of appeal.

34
Q

ICC has jurisdiction over the following people:

A
  • Any citizen of a state that is a party to the treaty of Rome.
  • Has jurisdiction over any national of a state if the crime was committed in the territory of a state party to the treaty This was cleverly drafted because it gives you an incentive to join the treaty
  • Ad Hoc Acceptance
  • If the Security Council decides under Chapter 7 to grant jurisdiction to the ICC- this was applied to President of Sudan and Qaddafi’s sons
  • If the state is unwilling or incapable of trying the citizen
35
Q

exam question fo the ICC

A

Even if the state isn’t a party and one of his nationals committed an offense in the territory of a state that isn’t a party but then he finds himself in the territory of a state that is party, he may find himself being extradited to The Hague. Ex. If the United States committed a grave war crime in Belgium and the US doesn’t prosecute or investigate the man, and then the man finds himself in France (who is a party) he could find himself being extradited from France to the court in The Hague and imprisoned there because of the crime he committed in Belgium

36
Q

Attempt by Palestine to accept the Ad Hoc jurisdiction of the court

A

They wrote a letter to the prosecutors saying they aren’t a state but they have all the attributes of a state therefore they should be treated as if they are a state and accept the jurisdiction of the court for the crimes committed in West Bank and Gaza hoping to have the activities of the Israelis investigated. The prosecutor had to decide whether there is jurisdiction, after two years of deliberation prosecutor decided they are not a state and it isn’t them to decide if they are a state, if they are accepted by the United Nations as a state then they will be treated like a state and until then it isn’t the responsibility of the prosecutor to decide.

37
Q

will palestine become UN member?

A

Palestinians won’t be accepted as a member of the United Nations because the US will veto it in the security council but the working assumption is that the General Assembly will accept them as an observer state then all the international organizations will assume if the General assembly recognizes them as a state then they are a state and so will the ICC

38
Q

why will palestininans not join UN or ICC?

A

Because then it opens them up to jurisdiction as well. Palestinian nationals can be prosecuted unless the PA will prosecute them or investigate them. The Hamas will be very reluctant to have all their people in Gaza subject to jurisdiction of the court.

39
Q

why il not happy with rome convention and ICC

A

composition does not represent Israel also the Arab states cleverly put in one as a grave war crime transferring population of a territory into occupied territory of a foreign state
hardly a grave warcrime against humanity

40
Q

what is Casus Belli??

A

Cause for war- something that justifies going into war which could be they offended your king, arrested your ambassador, etc. This was true until the beginning of the 20th century

41
Q

Would an Israeli or American attack on Iranian nuclear facilities be against article 51?

A
  • Security Council would have to vote the US or Israel as an aggressor but the US is on the Security Council and wouldn’t vote itself or Israel to be an aggressor

“nothing shall impair the inherent right” SO SEEMS THAT future attack is also ok… maby if not ‘‘if armed attack occurs, self D.’’

must also talk about USSR and Pakistan.

Iran talk and threat but will they do it?

they are aggressive with hamas and hezbollah

42
Q

What is classic case for reemptive?

A 
Caroline case
but the times were different then...
1.	Threat must be imminent 
2.	No other way to prevent it 
3.	The use of force is proportionate to the threat

is this custom/

43
Q

What happens if genocide happens in a neighboring state?Can you use force to prevent it?
pro force arguments

A

It could spill over into your territory.
If you can try the man for genocide under universal jurisdiction then you should be able to prevent it.
It is a universal obligation (basic human rights) see people being massacred, you cannot stand aside.
You must offer help. If somebody is drowning, you cannot stand aside and say I am not going to pull you out because I didn’t push you in.
There is an obligation, one is one’s brother’s keeper.
In Rwanda it was clear that the French or Belgium, a small group of forces could have prevented it but they stood aside.
The Dutch in Serbia, they stood aside while the Serbs murdered the Muslim civilians because they did not have instructions but you do not need instructions to act to prevent a crime against humanity.
If you stand by and don’t help you have committed an offense.

44
Q

What happens if genocide happens in a neighboring state?Can you use force to prevent it?
NO force arguments

A

It is not your people so you are not acting in self defense.
The former colonial powers can (Belgium and France in Africa) can use this excuse to get back in for “humanitarian purposes”.
You need to get UN Security Council seal of approval- there would be cases when the Security Council will not approve it for political reasons.
Any attempts to try sanctioning Syria have been prevented by Russia and China for political reasons.
There will be no Security Council approval for military action intervention in Syria.
Would it be legitimate for other states to send in its forces? International law has refused to give approval, if a state intervenes anyway there may not be any reaction to this.
This is a dilemma – who will decide who will go in? The decision to go in and act can easily be abused. There is not political body that says it is perfectly legitimate. Do they have automatic legal approval if a state is committing genocide? No. While the counter argument to this is if a state feels the other side is committing a crime against humanity, he should intervene.

45
Q

Can there be a situation where the citizen of a country that is not a party to the Rome Statute will nevertheless be under the jurisdiction of the ICC?

A
  1. Yes if the Security Council authorizes (President Sudan or sons of Qaddafi) – authorized even if not part of the ICC and not being tried by their own country.
  2. If crime is committed in the territory of member state then the ICC has jurisdiction over that person irrespective of his nationality (clause that made the US very unhappy)
46
Q

why are there laws of armned conflict?

A
  1. Reciprocity: If I treat POWs humanely there is a good chance that my soldiers will be treated humanely as well.
  2. Military Utility: Do everything that is going to help me defend myself. Want to kill the enemy soldiers/combatants not civilians
  3. Basic principles of humanity- would you go and shoot a little child?
47
Q

are • Nuclear Weapons illegal?

A

o They are by nature indiscriminate because they cannot discriminate between civilians therefore they should be illegal
o ICJ made ruling: we are starting off on the premise that states could do anything unless there is a rule against them. The rule could be either derived from a treaty or from custom.no treaty against Nuks
o There is the Non-proliferation treaty which says you cannot give nuclear weapons to anyone else.

48
Q

is not using nukes custom?

A

 There have been wars and haven’t been used, therefore there is a custom not to use it.
1) state practice
2) over a long period of time
3) majority of states
4) under conviction that they were so obliged to
but there has been the treat!!! so 4 is done for

International law (9 decks)

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