Use Of Force Flashcards
(24 cards)
What does Jus ad Bellum literally translate to?
The right to war
Refers to the conditions under which a state may resort to the use of armed force.
What is Article 51 of the UN Charter about?
Self-defense
Allows states to defend themselves if attacked.
What does Article 2(4) of the UN Charter prevent?
The use of force
Prohibits states from using force against the territorial integrity or political independence of any state.
Name one condition that must be satisfied to legally claim the right to war.
- Just Cause
- Legitimate Authority
- Last Resort
- Proportionality
- Probability of success
These conditions ensure that the use of armed force is justified.
What is meant by ‘Just Cause’ in the context of Jus ad Bellum?
Includes humanitarian aid, self-defense, pre-emptive strike
Not just cause includes annexing land or changing governments.
What does the principle of ‘Last Resort’ entail?
All non-violent options must be exhausted before using armed force
Suggests starting with small interventions before escalating.
Define ‘Proportionality’ in the context of Jus ad Bellum.
Maintaining balance between the gains of war and the harm caused
There should not be extreme loss of life for unproductive purposes.
What does the ‘Probability of success’ principle indicate?
There must be reasonable belief that the aim of war can be achieved
Aims to prevent invasions without a chance for success.
What does Jus in Bello govern?
The conduct of warfare
Sets rules for what is allowed during armed conflict.
Where can most rules governing Jus in Bello be found?
The 1949 Geneva Convention
Includes rules for providing aid and protecting civilian populations.
What was the main aim of the Hague Peace Conventions?
Limiting the expansion of armed forces and reducing new armaments
The first convention was held in 1899.
What significant achievement did the 1899 Hague Conference accomplish?
Adoption of the Convention for the Pacific Settlement of International Disputes
Created the Permanent Court of Arbitration.
How many nations were represented in the 1899 Hague Convention?
26 nations
Only the United States and Mexico were American representatives.
What was a key outcome of the 1907 Hague Convention?
Adoption of conventions regarding the rights and duties of neutral powers
The proposal for limitation of armaments was not accepted.
What event caused the Third Hague Conference to not take place?
Outbreak of World War I
The conference was meant to occur in 1915.
What were the main causes of World War I?
- Assassination of Archduke Franz Ferdinand
- European expansionism
- Rise of nationalism
These factors contributed to the outbreak of the war.
When was the League of Nations Covenant signed?
1919
It came into effect in 1920.
What was a significant limitation of the League of Nations?
The USA never joined
This weakened the League’s international credibility.
What was the purpose of the Briand-Kellogg Pact?
To resolve international conflicts peacefully rather than through war
Signed on August 27, 1928, and initially supported by 15 nations.
When did World War II occur?
September 1, 1939 – September 2, 1945
Marked a significant period of global conflict.
What was the UN Charter’s main purpose?
To establish a new international organization
Discussed and drafted during the San Francisco Conference in 1945.
When did the UN Charter come into effect?
October 24, 1945
This date is regarded as the official commencement of the United Nations.
What is the significance of October 24 in relation to the UN?
United Nations Day
Designated as an official international holiday in 1971.
Name one case related to international law.
- Nicaragua v. United States
- United Kingdom v Albania (The Corfu Channel case)
- The Caroline case
- Entebbe Incident case
- Naulilaa Incident case
These cases have shaped international legal precedents.
