International Law Flashcards
(104 cards)
1
Q
Declared War
A
state advises another that a formal state of war exists between them (ex: WWII)
2
Q
Undeclared War
A
states participate in acts of aggression that aren’t declared as war (ex: Vietnam War)
3
Q
Reprisal
A
when one country seizes property or persons of another as punishment for the second country’s offenses
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)
5
Q
Gunboat diplomacy
A
threatening conduct by one state to intimidate another (ex: Corfu Channel Case, U.S. military in Persian Gulf)
6
Q
Low-intensity conflicts
A
a form of small-scale war between states below conventional war and above routine, peaceful competition
7
Q
types of low-intensity conflicts
A
border wars, interventions (to restore democratic government), subversion (training or equipping paramilitary rebels)
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)
9
Q
Use of Force (6)
A
war, reprisal, countermeasures, gunboat diplomacy, low-intensity conflicts, economic sanctions
10
Q
Napoleanic Wars (1814)
A
first attempt to make war illegal (Austria, Prussia, Russia, France) before UN Charter
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
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”
13
Q
Kellogg-Briand Pact (1928)
A
US and France led treaty condemning war, required peaceful means to solve disputes
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
15
Q
UN Charter 3 directives on use of force
A
- 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
16
Q
Chapter VII of UN Charter
A
procedure for authorizing the use of force
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
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
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
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
21
Q
Jus In Bello
A
laws that govern actions in war, when the shooting begins
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
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
24
Q
Article 51
A
state can use force in self defense only in response to an “armed attack”
25
Notice requirement for self defense
state must notify the SC that they've been attacked and are engaging in self defense
26
Falklands War and Dirty War in Argentina
Britain vs. Argentina; Britain claimed self defense because Argentina invaded the islands for no reason
27
Collective self defense
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
28
Nicaragua Case
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
29
ICJ position regarding self defense
principle of nonintervention trumps the right of collective self defense in cases regarding the overthrow of regimes
30
First Persian Gulf War (1990)
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
31
principle of nonintervention
a state can't interfere in internal politics of another
32
Andean Crisis
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
33
Russia's invasion of Georgia
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
34
Anticipatory self defense
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
35
Nuclear Weapons Case
advisory opinion; there are scenarios in which a state can use nuclear weapons in self defense (ex. during WWII when US dropped 2 bombs)
36
Humanitarian intervention
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
37
Article 2(7)
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
38
legal requirements for humanitarian intervention
1. consent of target state 2. SC authorization for intervention
39
unilateral humanitarian intervention
not permitted unless authorized by SC; a state can use force against another to save their citizens who are in danger (danger invites rescue)
40
collective humanitarian intervention
preferred method of intervention; UN Charter doesn't say if states can undertake collective intervention without UN approval
41
Article 55c
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)
42
Article 56
under collective humanitarian intervention; UN members should take joint and separate action in cooperation with the UN for the achievement of humanitarian purposes
43
private humanitarian intervention
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
Just War Doctrine
laws of war developed alongside the development of military technology and the need to protect civilians and prisoners of war
45
1907 Hague Convention
relating to the laying of automatic submarine contact mines, a state cannot indiscriminately law mines without proper monitoring by the responsible state
46
modern naval laws of war (CIL)
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
lawful combatants
those individuals in armies, militias, and the like who commit belligerent acts during wartime
48
GC III
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
Protected persons
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
GC IV
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
human shield rule
a dictator cannot use his own population as a shield during combat
52
War Crimes Act of 1996
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
superior orders defense
punishment for disobeying an order versus punishment for violating the laws of war (ex: Mai Lai massacre)
54
Mai Lai-Calley Case
during Vietnam War, Americans kill civilians in the village of Mai Lai, argue that the civilians were protecting and harboring the enemy
55
War Powers Resolution
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
Camp X-ray
Guantanamo bay camp where US held unlawful enemy combatants; didn't grant habeas corpus or other rights
57
Military Commissions Act of 2006
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
1964 Geneva Convention
first just war treaty
59
Boumediene v. Bush
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
Johnson v. Eisentrager
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
human rights
those fundamental rights inherently possessed by individuals that cannot be witheld/withdrawn by a state
62
1st generation human rights
political and civil rights ("negative"); rights you're born with
63
2nd generation human rights
economic and social rights ("positive"); things that the government has to do to provide for you; must be proactive to get these
64
3rd generation human rights
solidarity rights
65
human rights problem
state sovereignty vs. the protection of human rights (articles 2(7) and 55c of UN Charter)
66
state discretion
the enforcement of human rights are reserved exclusively to the states for implementation
67
UN Charter
a broad statement of principles and objectives; not self executing
68
Universal Declaration of Human Rights (1948)
first global human rights treaty; unanimously adopted; non-binding; only had 1st and 2nd generation rights
69
International Covenant on Civil and Political Rights (1966)
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
International Covenant on economic, social, and cultural rights (1966)
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
European Convention for the Protection of Human Rights (ECHR)
deals with civil and political rights
72
European Social Charter
deals with economic and social rights
73
European Court of Human Rights
compulsory jurisdiction (binding if you join EU)
74
OAS Charter; American Declaration of the Rights and Duties of Man
nonbinding declaration of principles (Latin America)
75
American Convention on Human Rights
Inter-American commission on human rights; US has not ratified
76
OAU Charter
African nonbinding declaration of principles
77
African Charter
African Commission on Human Rights
78
NGOs
non-governmental organizations; publicize human rights violations; major ones have consultative status in international organizations
79
private corporations
may be sued in some national courts for human rights violations committed abroad
80
Alien Torts Claim Act
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
Doe v. UNOCAL
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
Khulumani v. Barclay Nat. Bank Ltd.
corporations could be sued under the ATS for aiding and abetting human rights violations
83
Nuremberg Charter
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
Tokyo Tribunals
same year as Nuremberg, 11 nations of the Far East and the US tried and convicted 25 Japanese war criminals under ICC
85
Nuremberg Principles
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
Yugoslavia Tribunal
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
Rwanda Tribunal
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
The Rome Statute (1998)
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
ICC can generally exercise jurisdiction when:
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
the ICC has opened investigations into 4 situations:
Northern Uganda, Democratic Republic of the Congo, Central African Republic, Darfur; ICC has indicted 14 people
91
ICC investigation may be commenced by:
1. security council resolution 2. state party to the Rome Statute 3. the ICC prosecutor
92
a case cannot be heard in the ICC when a state with jurisdiction is already investigating the crime unless:
the state is unwilling/unable to investigate the crime, the accused has already been tried for the same crime
93
American service-members' protection act
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
categories of territory
sovereign territory, trust territory, terra nullius, res communis
95
sovereign territory
territory owned by a sovereign state
96
trust territory
territory not owned by any state because of its special status (temporary)
97
terra nullius
territory capable of being owned but not yet under sovereign control
98
res communis
territory that cannot be owned by any nation (Antarctica, high seas, outer space)
99
ways to acquire territory
conquest, occupation, cession, prescription, accretion, renunciation, joint decision, adjudication
100
conquest
using force to take land is prohibited under international law
101
occupation
peaceably acquiring and maintaining exclusive contol over territory (Rule of Effective Occupation)
102
Island of Palmas Case
US and Netherlands; Rule of effective occupation and cession
103
cession
an international agreement that deeds land from one nation to another (Island of Palmas case)
104
prescription
title to land derived from foreign occupation of a territory for some period of time without objection by the former occupant
