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YPP prep > International Law > Flashcards

International Law Flashcards

1
Q

Declared War

A

state advises another that a formal state of war exists between them (ex: WWII)

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2
Q

Undeclared War

A

states participate in acts of aggression that aren’t declared as war (ex: Vietnam War)

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3
Q

Reprisal

A

when one country seizes property or persons of another as punishment for the second country’s offenses

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4
Q

Countermeasures

A

a nonmilitary form of sanction taken in response to another state’s conduct, typically of an economic nature (ex: freezing of assets, boycott, embargo)

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5
Q

Gunboat diplomacy

A

threatening conduct by one state to intimidate another (ex: Corfu Channel Case, U.S. military in Persian Gulf)

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6
Q

Low-intensity conflicts

A

a form of small-scale war between states below conventional war and above routine, peaceful competition

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7
Q

types of low-intensity conflicts

A

border wars, interventions (to restore democratic government), subversion (training or equipping paramilitary rebels)

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8
Q

Economic Sanctions

A

the use of coercive economic measures to bring about political change (ex: UN imposed boycott of South Africa, Arab boycott of Israel)

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9
Q

Use of Force (6)

A

war, reprisal, countermeasures, gunboat diplomacy, low-intensity conflicts, economic sanctions

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10
Q

Napoleanic Wars (1814)

A

first attempt to make war illegal (Austria, Prussia, Russia, France) before UN Charter

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11
Q

Hague Conferences (1899, 1907)

A

Russia’s Czar Nicolas led European effort to limit the use of force, but there was no international military force to enforce this, Permanent Court of Arbitration (PCA) formed from this

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12
Q

League of Nations (1919)

A

established the first collective security measures over and international organization, mutual defense system “war against one was war against all”

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13
Q

Kellogg-Briand Pact (1928)

A

US and France led treaty condemning war, required peaceful means to solve disputes

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14
Q

1933 Montevideo Treaty (Latin American Treaty)

A

prohibited the use of force and required only peaceful means to settle disputes under International Law

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15
Q

UN Charter 3 directives on use of force

A
  1. states may not use or threaten to use force 2. states may use force defensively when there is an “armed attack” 3. UN Security Council possesses a legal monopoly on the use of force
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16
Q

Chapter VII of UN Charter

A

procedure for authorizing the use of force

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17
Q

Article 39 of Ch. 7

A

SC determines the existence of any threat to the peace, breach of the peace, or act of aggression

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18
Q

Jus Ad Bellum

A

rules that govern the legality of the use of force or decision to go to war, follows Ch. 7 of UN Charter, before the actual act of war

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19
Q

Article 41 of Ch. 7

A

SC authorizes the use of nonmilitary measures to restore international peace and security (economic sanctions, sever diplomatic ties); problems: it takes a lot of time to implement this

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20
Q

Article 42 of Ch. 7

A

if SC determines Article 41 measures to be adequate, it may authorize the use of military force to restore international peace and security

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21
Q

Jus In Bello

A

laws that govern actions in war, when the shooting begins

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22
Q

inherent right of self defense

A

use of force must be “necessary” for defensive purposes (ex: 1842 Caroline case) and “proportional” in its execution

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23
Q

1842 Caroline case

A

test of necessity for self-defense. US. Britain, and Canada. Britain and Canada in war, Canadian rebels in US, Britain sent US ship Caroline over Niagra falls, doctrine of preemption, necessary for self-defense

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24
Q

Article 51

A

state can use force in self defense only in response to an “armed attack”

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25
Q

Notice requirement for self defense

A

state must notify the SC that they’ve been attacked and are engaging in self defense

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26
Q

Falklands War and Dirty War in Argentina

A

Britain vs. Argentina; Britain claimed self defense because Argentina invaded the islands for no reason

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27
Q

Collective self defense

A

the notion that an armed attack on one member of an organization of states constitutes an attack on all (NATO); country has to be asked for help

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28
Q

Nicaragua Case

A

ICJ case concerning the military and paramilitary activities in and against Nicaragua (principle of nonintervention); US doesn’t like communists in Nicaragua (domino effect), so they send troops to fight them, mine their harbors, drop leaflets about assassinating leaders, US argues self defense on behalf of El Salvador but they never asked US for help

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29
Q

ICJ position regarding self defense

A

principle of nonintervention trumps the right of collective self defense in cases regarding the overthrow of regimes

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30
Q

First Persian Gulf War (1990)

A

Iraq invades Kuwait to get access to ports and for power in OPEC (1/5 of world’s oil supply), example of collective self defense because a coalition of countries came to Kuwait’s aid

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31
Q

principle of nonintervention

A

a state can’t interfere in internal politics of another

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32
Q

Andean Crisis

A

Colombia invaded Ecuador to get FARC guerrilla groups but killed civilians, Colombia could argue self defense or imminent threat from guerrillas, Venezuela sent troops into Colombia because Ecuador asked for help, which is collective self defense

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33
Q

Russia’s invasion of Georgia

A

Russia invaded Georgia because 2 of Georgia’s provinces asked for help (they were having human rights infringed upon); Russia claimed self defense and Georgia claimed national sovereignty

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34
Q

Anticipatory self defense

A

rather than awaiting an armed attack pursuant to Art. 51, a state takes what it describes as defensive action to avoid some mounting aggression or threat by another state

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35
Q

Nuclear Weapons Case

A

advisory opinion; there are scenarios in which a state can use nuclear weapons in self defense (ex. during WWII when US dropped 2 bombs)

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36
Q

Humanitarian intervention

A

the use of force (don’t have to have permission from the UN) or other sanction across state line ostensibly aimed at alleviating grave human suffering due to starvation, disease, atrocity, widespread dispossession or gross persecution, or an imminent threat of such

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37
Q

Article 2(7)

A

prohibits intervention in matters which are essentially within the domestic jurisdiction of any state. exception: this principle shall not prohibit the SC from enacting enforcement measures under Ch. 7. ex: Criminal Tribunals for Rwanda and Yugoslavia

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38
Q

legal requirements for humanitarian intervention

A
  1. consent of target state 2. SC authorization for intervention
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39
Q

unilateral humanitarian intervention

A

not permitted unless authorized by SC; a state can use force against another to save their citizens who are in danger (danger invites rescue)

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40
Q

collective humanitarian intervention

A

preferred method of intervention; UN Charter doesn’t say if states can undertake collective intervention without UN approval

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41
Q

Article 55c

A

under collective humanitarian intervention; UN shall promote universal respect for and observance of human rights and fundamental freedoms for all without distinction as to race, sex, or religion (too broad)

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42
Q

Article 56

A

under collective humanitarian intervention; UN members should take joint and separate action in cooperation with the UN for the achievement of humanitarian purposes

43
Q

private humanitarian intervention

A

nonmilitary intervention by nongovernmental actors in the internal affairs of a sovereign state for humanitarian purposes. States must either provide humanitarian assistance to their own people or accept external assistance

44
Q

Just War Doctrine

A

laws of war developed alongside the development of military technology and the need to protect civilians and prisoners of war

45
Q

1907 Hague Convention

A

relating to the laying of automatic submarine contact mines, a state cannot indiscriminately law mines without proper monitoring by the responsible state

46
Q

modern naval laws of war (CIL)

A

naval captors may not deny quarters to or kill a defenseless enemy; belligerents have a right to “visit and search” merchant vessels flying the flags of neutral states

47
Q

lawful combatants

A

those individuals in armies, militias, and the like who commit belligerent acts during wartime

48
Q

GC III

A

Geneva Convention relative to the treatment of prisoners of war: if captured, lawful combatants must be treated as POWs and are guaranteed certain protections, must be repatriated without delay after the cessation of active hostilities

49
Q

Protected persons

A

those persons other than “lawful combatants” who find themselves in the midst of a conflict or occupation and captured by a party to the conflict or occupation of which they are not nationals

50
Q

GC IV

A

Geneva Convention relative to the treatment of protection of civilian persons in time of war; must be treated humanely and guaranteed certain basic rights, protected persons can’t be engaged in any hostile activities

51
Q

human shield rule

A

a dictator cannot use his own population as a shield during combat

52
Q

War Crimes Act of 1996

A

incorporates the 1949 Geneva Conventions in US Law; US courts may fine or imprison any US citizen who violates the GC outside or inside the US

53
Q

superior orders defense

A

punishment for disobeying an order versus punishment for violating the laws of war (ex: Mai Lai massacre)

54
Q

Mai Lai-Calley Case

A

during Vietnam War, Americans kill civilians in the village of Mai Lai, argue that the civilians were protecting and harboring the enemy

55
Q

War Powers Resolution

A

limits the president’s power to introduce military forces into foreign conflicts in certain circumstances: when Congress has already declared war, when Congress has provided authorization to introduce forces, during a national emergency created by an attack on the US. President must also consult with Congress before and after introducing forces into hostilities

56
Q

Camp X-ray

A

Guantanamo bay camp where US held unlawful enemy combatants; didn’t grant habeas corpus or other rights

57
Q

Military Commissions Act of 2006

A

establish procedures governing the use of military commissions to try alien unlawful enemy combatants engaged in hostilities against the US for violations of law of war, Geneva Conventions don’t apply to them

58
Q

1964 Geneva Convention

A

first just war treaty

59
Q

Boumediene v. Bush

A

Military Commissions Act violates constitution. Court extended the constitution to Guantanamo Bay to protect the rights of non-citizens there just like in US sovereign territory

60
Q

Johnson v. Eisentrager

A

the writ of habeas corpus doesn’t extend to aliens captured on foreign battlefield, tried and convicted by a military commission on foreign soil, and detained outside US territory

61
Q

human rights

A

those fundamental rights inherently possessed by individuals that cannot be witheld/withdrawn by a state

62
Q

1st generation human rights

A

political and civil rights (“negative”); rights you’re born with

63
Q

2nd generation human rights

A

economic and social rights (“positive”); things that the government has to do to provide for you; must be proactive to get these

64
Q

3rd generation human rights

A

solidarity rights

65
Q

human rights problem

A

state sovereignty vs. the protection of human rights (articles 2(7) and 55c of UN Charter)

66
Q

state discretion

A

the enforcement of human rights are reserved exclusively to the states for implementation

67
Q

UN Charter

A

a broad statement of principles and objectives; not self executing

68
Q

Universal Declaration of Human Rights (1948)

A

first global human rights treaty; unanimously adopted; non-binding; only had 1st and 2nd generation rights

69
Q

International Covenant on Civil and Political Rights (1966)

A

legally binding, self-executing treaty; requires states to establish enforcement machinery for dealing with human rights violations, except in a public emergency; death penalty reservation

70
Q

International Covenant on economic, social, and cultural rights (1966)

A

legally binding, self-executing treaty; requires states to establish enforcement machinery for dealing with human rights violations; requires states to report to the UN committee on economic, social, and cultural rights; US never ratified

71
Q

European Convention for the Protection of Human Rights (ECHR)

A

deals with civil and political rights

72
Q

European Social Charter

A

deals with economic and social rights

73
Q

European Court of Human Rights

A

compulsory jurisdiction (binding if you join EU)

74
Q

OAS Charter; American Declaration of the Rights and Duties of Man

A

nonbinding declaration of principles (Latin America)

75
Q

American Convention on Human Rights

A

Inter-American commission on human rights; US has not ratified

76
Q

OAU Charter

A

African nonbinding declaration of principles

77
Q

African Charter

A

African Commission on Human Rights

78
Q

NGOs

A

non-governmental organizations; publicize human rights violations; major ones have consultative status in international organizations

79
Q

private corporations

A

may be sued in some national courts for human rights violations committed abroad

80
Q

Alien Torts Claim Act

A

allows a civil suit in US court between foreign citizens for human rights violations committed abroad (for a violation of grave crimes of international law; can’t get jail time, only money)

81
Q

Doe v. UNOCAL

A

CA based oil company doing a project in Myanmar; villages raided and people forced to work; company has nothing to do with it, but victims want to sue; should company be held responsible for the Myanmar government’s actions? companies need to be aware of human rights violations

82
Q

Khulumani v. Barclay Nat. Bank Ltd.

A

corporations could be sued under the ATS for aiding and abetting human rights violations

83
Q

Nuremberg Charter

A

US, France, Britain, and Soviet Union agreed to try Nazi war criminals individually for crimes against peace, crimes against humanity, and war crimes under ICC

84
Q

Tokyo Tribunals

A

same year as Nuremberg, 11 nations of the Far East and the US tried and convicted 25 Japanese war criminals under ICC

85
Q

Nuremberg Principles

A
  1. a state who wages “aggressive” war commits the supreme international crime 2. the crime of aggression is punishable by any nation who is able to bring the perpetrators to justice 3. the responsible leader incurs “individual” criminal liability directly under International Law
86
Q

Yugoslavia Tribunal

A

established by the UN Security Council, to try persons responsible for serious violations of humanitarian law (murder, rape, torture, and ethnic cleansing) committed in the FRY since 1991, impartial tribunal (not composed of victors’ judges), death penalty not allowed

87
Q

Rwanda Tribunal

A

established by the UN Security Council, to try persons responsible for genocide, crimes against humanity, and war crimes committed against Tutsi minority by the Hutu majority in 1994; impartial tribunal, death penalty not allowed

88
Q

The Rome Statute (1998)

A

ICC; created the first global international criminal court; 111 members, we voted against the treaty (didn’t sign it to protect our troops from being tried in other courts); purpose: to try INDIVIDUALS accused of (1) genocide, (2) international and internal war crimes committed as a plan or policy or large-scale commission, (3) crimes against humanity; no death penalty

89
Q

ICC can generally exercise jurisdiction when:

A
  1. in cases where the accused is a national of a state party 2. the alleged crime took place on the territory of a state party 3. a situation is referred to the court by the UN Security Council
90
Q

the ICC has opened investigations into 4 situations:

A

Northern Uganda, Democratic Republic of the Congo, Central African Republic, Darfur; ICC has indicted 14 people

91
Q

ICC investigation may be commenced by:

A
  1. security council resolution 2. state party to the Rome Statute 3. the ICC prosecutor
92
Q

a case cannot be heard in the ICC when a state with jurisdiction is already investigating the crime unless:

A

the state is unwilling/unable to investigate the crime, the accused has already been tried for the same crime

93
Q

American service-members’ protection act

A

US law that bans US involvement in the arrest and extradition of persons, seizure of property, and the taking of evidence; no ICC agent can conduct investigation in US

94
Q

categories of territory

A

sovereign territory, trust territory, terra nullius, res communis

95
Q

sovereign territory

A

territory owned by a sovereign state

96
Q

trust territory

A

territory not owned by any state because of its special status (temporary)

97
Q

terra nullius

A

territory capable of being owned but not yet under sovereign control

98
Q

res communis

A

territory that cannot be owned by any nation (Antarctica, high seas, outer space)

99
Q

ways to acquire territory

A

conquest, occupation, cession, prescription, accretion, renunciation, joint decision, adjudication

100
Q

conquest

A

using force to take land is prohibited under international law

101
Q

occupation

A

peaceably acquiring and maintaining exclusive contol over territory (Rule of Effective Occupation)

102
Q

Island of Palmas Case

A

US and Netherlands; Rule of effective occupation and cession

103
Q

cession

A

an international agreement that deeds land from one nation to another (Island of Palmas case)

104
Q

prescription

A

title to land derived from foreign occupation of a territory for some period of time without objection by the former occupant

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