rules of international relations

Question 1

ways to restrict the use of force

Answer 1

1. limitation of the methods in war (ius in bello)
2. limitations of the conditions under which the use of force is lawful (ius ad bellum)
3. eliminating or reducing weapons

Question 2

general prohibition of the use of force

Answer 2

UN Charter - Art 2(4)
- full prohibition of the use of force
- prohibition of the threat to use force
- UN collective security system designed to enforce the prohibition

Question 3

exceptions from the prohibition of the use of force

Answer 3

1. right to self-defence
2. a measure of the SC as the UN system of collective security

Question 4

right of self defence
art 51 UN Charter

Answer 4

• individually or collectively (by other states at the request of the victim state)
• the measure must be necessary and proportionate
• preventive self-defence is controversial: prevailing opinion says that a state can use force against a highly probable attack
• terrortist groups: also controversial, but states often take self defence against terrorists so it seems like a prevailing view

Question 5

UN collective security system

Answer 5

• within the members’ ranks
• duty of MS to participate in jointly decided collective security measures
• Security Council can impose the measures (big weakness because a member of the permanent 5 can veto)
• SC has no armed forces so it can only authorize the use of force or non military (economic and financial) sanctions

Question 6

responsibility to protect

Answer 6

if a state fails to prevent war crimes, crimes against humanity, genocide and ethnic cleansing, the responsibility to protect is passed onto the international community

Question 7

peacekeeping operations

Answer 7

• can be established by the SC to help the parties stabilize ceasefire agreements
• troops may not take military action unless in self deffence (only sometimes to protect the civilians or disarm military groups)
• states’ partecipation is volountary

Question 8

prohibition of intervention

Answer 8

states are prohibited from using unlawful coercion and interfering in the internal affairs of other states
BUT
intervening in other states to induce them to meet obligations under IL is permissible, especially regarding human rights

Question 9

political and diplomatic methods of dispute settlement

Answer 9

1. negotiations
2. good offices
3. inquiry
4. mediation
5. conciliation

Question 10

negotiations

Answer 10

• no third party involvement
• most informal
• in case of a power imbalance, the weaker state is in a disadvantegous posititon

Question 11

good offices

Answer 11

• a third party getting involved in negotiations by offering venue, channels or support
• neutral territory for negotiations

Question 12

inquiry

Answer 12

• clarification of disputed questions of fact
• limited to determining the facts: the third party doesn’t propose solutions

Question 13

mediation

Answer 13

• proposing solutions
• solutions aren’t legally binding
• states and respected personalities can act as mediators

Question 14

conciliation

Answer 14

• combines clarification of facts and mediation
• a degree of institutionalization but still a political form as the Conciliation Commission doesn’t apply legal norms and the results aren’t binding

Question 15

states’ obligations under IL

Answer 15

• obligation to respect (duty to respect human rights - state mustn’t interfere)
• obligation to protect (duty to protect individuals and groups from interference by third parties)
• obligation to fulfill (duty to help with the enjoyment of rights)

Question 16

relative human rights

Answer 16

only some HR are absolute (any interference violates it), most of them are relative - interferences can be justified under some circumstances
= must be in public interest, provided for by the law and necessary in a democratic society

Question 17

non-derogable rights

Answer 17

must be respected even during national emergencies
e.g. life, prohibition of torture, slavery