Use of Force Flashcards
(30 cards)
Where is use of force prohibited?
Art 2(4) UN charter
Are economic sanctions a use of force? Case?
No - Nicaragua
Which two cases concerned cyber attacks?
Estonia 2007
Stuxnet 2011
What are the facts of Estonia 2007?
Russia cyber attacked Estonia in waves
sent so many requests for information that all of the servers stopped working and the state was almost completely paralysed as a result
held - no use of force because no violence
What are the facts of Stuxnet 2011?
US and Israeli agents dropped USB sticks outside iran nuclear power station
when this was inserted into computers running nuclear programme, the programme was crippled
held - acts that kill persons or destroy or damage objects are uses of force; therefore this was a use of force
What are the two main exceptions to article 2(4)?
Art 51 UN charter - self defence
collective security
What are the 4 main requirements of self defence?
- must be armed attack
- must come from state or under effective control of state
- there must be necessity of defence
- counter measure must be necessary and proportionate
How is an armed attack defined?
use of force with sufficient “scale and effect”
it is not a mere “frontier incident”
What is the pin prick test and where was it established?
test use to determine whether force amounts to an armed attack
a single pin prick will do little damage, but hundreds of pin pricks may do significant damage
cumulative uses of force may amount to an armed attack
NICARAGUA
Which case illustrates pin prick test?
Israel and Palestine conflict 2009
Individual bombs were not sufficient for the use of force to be an armed attack
accumulation of bombing incidents could be taken together and fulfil the threshold for an armed attack
Which case states that an armed attack must come from another state?
Legal Consequences of the construction of a Wall in the Occupied Palestinian Territory Opinion 2004
Can a state exercise self defence if the armed attack is from a private individual? Case?
Nicaragua
yes, if they are under effective control of the state
describe the nicaragua case in terms of effective control
US trained, provided weapons form and financed a rebel army in nicaragua
held that financial and logistical help is insufficient
Which case concerns the necessity of self-defence? What doe it state?
The Caroline Incident 1937
the self-defence must be necessary
to be necessary, the armed attack must be
- instant
- overwhelming
- leaving no other options
- leaving no moment to deliberate
Which case states that self-defence must be necessary and proportionate?
Oil platforms case (Iran v USA)
How must a state retaliate where another state uses force, but does not carry out an armed attack? Why?
they may carry out a counter measure, but they cannot use force themselves - this is to de-escalate violence
What is collective security?
use of force is lawful when it is authorised by international institutions
What is the main international institution that authorises use of force?
UN security council
Which law concerns the primary responsibilities of the security council?
Art 24 UN charter
What does Art 24 UN Charter state?
security council has the primary responsibility of ensuring peace
How should Art 24 of the UN Charter be interpreted, and what does this mean?
Should be interpreted literally to give effect to the intention expressed in the document
this means that there will be no secondary responsibility of the general assembly - they will not be allowed to authorise use of force
Which pieces of legislation concern the procedural rules of the security council? (5)
Art 23(2)
Art 27
Art 39
Art 41
Art 42
What Art 23(2) state?
permanent members of the security council have a right to veto
What does Art 27 state?
9/15 councils must vote in favour of the resolution for it to pass
