Lesson 4 Questions Self-Defence Flashcards
(22 cards)
How do UNSCR 1368 and 1373 support an expansive view of self-defence?
They recognize terrorist attacks as ‘armed attacks’ under Article 51 and emphasize obligations to prevent terrorism, supporting self-defence against non-state actors.
What is the restrictive interpretation of UNSCR 1373?
It imposes duties on states to prevent terrorism but does not authorize use of force or allow cross-border self-defence.
What is the significance of UNSCR 2249 (2015)?
It reaffirms earlier resolutions and calls for ‘all necessary measures’ against ISIL, implying support for self-defence without explicitly authorizing force.
What is the legal gap between use of force and armed attack?
Some uses of force do not qualify as ‘armed attacks’ under Article 51, creating a gap in legal response options.
How is this legal gap addressed?
Restrictive view uses non-forcible responses; expansive view treats serious acts by non-state actors as armed attacks.
Can Ukraine lawfully attack Russian territory under self-defence?
Yes, if attacks target military objectives and meet necessity and proportionality under Article 51.
What is the historical origin of the Crime of Aggression?
It was included in the Nuremberg Trials as a ‘crime against peace’ but lacked a clear legal definition.
What does GA Resolution 3314 do?
Defines acts of aggression and influenced the ICC’s definition in Article 8 bis of the Rome Statute.
What is the ICC’s definition of the Crime of Aggression (Article 8 bis)?
It is the planning or execution by a leader of an act of aggression that is a manifest violation of the UN Charter.
How does the ICC’s definition differ from Nuremberg?
ICC’s definition is codified, applies only to leaders, and was agreed by treaty unlike Nuremberg’s ad hoc tribunal.
Why is the CoA called the ‘supreme crime’?
Because it enables other international crimes like war crimes and crimes against humanity.
What are the limitations of prosecuting the CoA?
Only applies to ratifying states or via UNSC referral; excludes non-party nationals under Article 15 bis(5).
What does complementarity mean for CoA?
ICC only prosecutes when states are unwilling/unable, but many states lack domestic CoA laws, weakening this principle.
What role does the UN Security Council play in CoA?
It can refer cases under Article 15 ter, allowing ICC jurisdiction even over non-state parties.
What is the Kampala Amendment’s impact on jus ad bellum?
It criminalizes aggressive war-making and strengthens the UN Charter’s prohibition of force, but with limited reach.
What is the ICC’s threshold for CoA?
The act must be a manifest violation of the UN Charter, based on character, gravity, and scale.
What does the opt-out clause under Article 15 bis(4) mean?
A state can declare it does not accept ICC jurisdiction over CoA; effective immediately upon declaration.
What was the dispute at ASP 2017?
Whether ICC could prosecute aggression by nationals of non-ratifying states on ratifying territory; compromise restricted it.
Why should Denmark ratify the Kampala Amendments?
To support rule of law, enable individual accountability for war-making, and strengthen the ICC.
When did the CoA enter into force?
On 17 July 2018, for ICC member states that ratified the Kampala Amendments.
Can Russia be prosecuted for aggression against Ukraine?
Not by the ICC unless the UNSC refers the case, which is unlikely due to Russia’s veto power.
Does the CoA matter even if it can’t be enforced?
Yes, symbolically and normatively it reinforces legal standards and promotes future accountability mechanisms.
