USE OF FORCE

Question 1

What is meant by Jus ad bellum?

Answer 1

The right to wage war, as based on specific grounds

Question 2

Describe the classical interpretation of international law (Pre-1945).
- Historically
- St Augustine

Answer 2

Historically, “just war” referred to the legitimate use of force, based on theological doctrine.

ST AUGUSTINE: Articulated the “just war” as one designed to avenge injuries which had been sustained

Question 3

How does the League of Nations Convenant seek to address disputes between states?
- Submissions
- Initiating war

Answer 3

States would have to submit to: (a) arbitration, (b) judicial settlement or (c) inquiry by Council of League.

To initiate war, under Article 12 UNCHR, must wait 3 months after response.

Question 4

1. Define reprisals (countermeasures);
2. Assess their legality;
3. specify the declaration in which they are referred to;

Answer 4

1. DEFINE: Acts undertaken by a State in response to having been a victim of an unlawful act by another state.
2. Illegal under IL
3. Friendly Relations Declaration: “States have a duty to refrain from acts of reprisal involving the use of force.”

Question 5

1. Outline what is meant by retorsions
2. Provide relevant examples

Answer 5

1. DEFINE: Lawful means of expressing displeasure at the conduct of another state;
2. EXAMPLES: Severance of diplomatic relations/foreign aid; Sanctions

Question 6

Outline the 3 acts which fall within the ambit of aggression

Answer 6

1. The invasion or armed attack by one state against the territory of another;
2. Blockade of ports or coasts of a state by the armed forces of another;
3. The sending by or on behalf of a state of armed bands, groups, irregulars or mercenaries, employing armed forces against another.

Question 7

How is the crime of aggression defined under Art. 8 bis of the Reviewed Rome Statute?

Answer 7

“an act of aggression is defined as the use of armed force by one state against another state WITHOUT the justification of self-defence or authorisation by the Security Council

Question 8

What are the 2 constituting features of a crime of aggression?

Answer 8

1. “The planning, preparation, initation or execution, by a person in a position effectively to exercise control…of a state”;
2. “Act of aggression which, by its character, gravity and scale, constitutes a MANIFEST violation of the Charter of the United Nations”

Question 9

What are the 5 criteria of Webster’s formula in justifying the exercise of self-defence?

Answer 9

1. Instant
2. Overwhelming
3. Immediate
4. Necessary: No viable alternative action to be taken
5. Proportional

Question 10

Which provision of the UN Charter codifies a state’s right to self-defence? What is the provision confined to?

Answer 10

Article 51: Confined to ARMED ATTACKS

Question 11

Describe the 2 strands of power by the Security Council in the context of exceptions to the prohibition of use of force

Answer 11

1. Recommendations to achieve peaceful settlements to disputes (Ch. VI);
2. Enforcement action: Both measures not involving the use of force (Art 41) and the use of armed force (Art 42)

Question 12

What constitutes an armed attack according to the Nicaragua Case?

Answer 12

1. Action by regular armed forces across an international border;
2. The sending by or on behalf of a State of armed bands, groups, irregulars or mercaneries;
3. Assistance to rebels providing weapons or logistical or other support

Question 13

What is meant by collective self-defence and which article of the UN Charter captures it?

Answer 13

1. Collective self defence is recognised by Article 51;
2. It is defined as the right of each state to use force in defence of another state.