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Flashcards in War I Deck (11)
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1

Nuclear Weapons

Prohibition on UoF

Threat is illegal if contemplated use of force is illegal

2

Nicaragua

Prohibition on UoF

Threat of UoF includes organising armed bands for incursion into another S territory

Economic sanctions did not amount to breach of s2(4)


SD

A51 Codification of CIL

Not Proportional - Continued long after attack by N could be reasonably contemplated


SD against Non State Actors - US could have deployed force only at the El Salvador border
Accumulation Doctrine Rejected
R2SD can only be exercised in re an armed attack - Provision of logistical assistance, provisions and supervision did NOT amount to UoF by US

3

Corfu Channel

Prohibition on UoF

Rejected claim that forceful intervention in territorial waters did not violate A2(4)

4

Operation Entebbe

Prohibition on UoF

Hijakers - Israeli army entered Uganda and surrounded aircraft - successful rescue operation

Need to be victim of armed attack - I violated the UNC by infringing sovereignty and TI of U

5

UN Charter 2(4) and 2(7)

All MS shall refrain from the threat or use of force

against the territorial integrity or political independence of another state

Inconsistent with the purposes of the UN


Not authorised the UN to intervene in matters which are within the domestic jurisdiction

Not prejudice the application of Chapter VII - enforcement measures

6

UN Charter A51

Right of individual or collective SD if armed attack occurs

7

Oil Platforms

Neither proportionate nor necessary - must not merely be such as tend to protect the essential security interests

SD Against Non State Actors - More open to Accumulation Doctrine
Requirement for proof that state was victim of an armed attack - Use of substantial aggressive force + Attack attributable to opposing party + Other party's specific intent to strike

8

Armed Activities on the Territory of the Congo

Pre Emptive SD

A51 did not allow the use of force to protect perceived security threats

SD against Non State Actors - Unclear if it covers terrorism in def of acts of aggression

9

Caroline Incident

Anticipatory SD

Necessity of SD, instant, overwhelming, leaving no choice of means and no moment for deliberation and involving nothing unreasonable or excessive

10

Israeli Wall

SD Against Non State Actors

Attributable to another state

11

ARISWA

4-11 - Attributable

25 - Defence of necessity