Lecture 8: International Law on the Use of Force Flashcards
(15 cards)
What are the differences between jus ad bellum and jus in bello?
Jus ad bellum governs when states can lawfully go to war, while jus in bello governs how war is lawfully conducted once it has started.
What is the core idea behind Just War Theory?
Just War Theory seeks to distinguish between just and unjust wars, focusing on both the motivation for war (jus ad bellum) and conduct during war (jus in bello).
Name three key principles of Just War according to Thomas Aquinas.
1) Commanded by the rightful sovereign, 2) Waged for a just cause, 3) Waged with the right intent.
What does Article 2(4) of the UN Charter state?
It prohibits the threat or use of force against the territorial integrity or political independence of any state.
What are the two primary exceptions to the prohibition on the use of force?
1) Self-defense (Article 51), 2) UNSC-authorized actions.
What was the significance of the Nicaragua v. United States (1986) case regarding self-defense?
The ICJ ruled that the U.S. violated international law by supporting contra rebels in Nicaragua, emphasizing that indirect use of force, like funding or training insurgents, does not justify self-defense. The case clarified that not all violations of Article 2(4) trigger the right to self-defense, especially when the attack is not directly attributable to a state.
What are the two conditions of the Caroline test for anticipatory self-defense?
1) Necessity: Threat must be imminent, 2) Proportionality: Response must match the threat.
Does the right to self-defense include protecting nationals and property abroad?
Historically (19th Century): Accepted to protect both nationals and property abroad.
Modern View:
Property Abroad: Generally not justified (human lives > property).
Nationals Abroad: Possibly, but no clear consensus. Some states claim this right in emergencies (e.g., hostage situations), but others view it as a violation of sovereignty.
Example: The 1976 Entebbe raid by Israel to rescue hostages, seen as controversial but accepted.
What is humanitarian intervention?
The use or threat of force in a foreign state to protect human rights, typically without the host state’s consent.
Was the NATO intervention in Yugoslavia a justified humanitarian action or a violation of international law?
Context: Ethnic cleansing by Yugoslavia against its Albanian population.
NATO Action: Bombed Belgrade for 10 weeks despite UNSC opposition (Russia and China threatened a veto).
Justification: Claimed it was necessary to preserve regional stability and end the humanitarian crisis.
Legal Status:
Illegal but justified (Kosovo Commission, 1999).
R2P (Responsibility to Protect) concept later endorsed by the UN (2005) but requires UNSC authorization.
Debate:
- Proponents: See it as a form of humanitarian intervention under emerging customary international law.
- Critics: Argue it undermines the post-1945 international order based on sovereignty.
What role does the UNSC play in maintaining international peace according to Article 42 of the UN Charter?
The UNSC can authorize military actions if non-military measures are deemed inadequate to maintain or restore peace.
What historical instances saw UNSC authorization of force?
Korean War (1950), Kuwait (1990), Libya (2011).
What is the “Responsibility to Protect” (R2P) and when was it endorsed?
R2P is a doctrine stating that states must intervene to protect human rights when the host state fails, endorsed at the UN summit in 2005.
Why is humanitarian intervention controversial?
It challenges state sovereignty and can be seen as a tool for political or military dominance.
What is the significance of the 1970 Declaration on Principles of International Law (UNGA Res 2625)?
It declares wars of aggression as a crime against peace and states that force should not be used to violate existing boundaries or repress self-determination.
