Worksheet 13

Question 1

What statute prohibits the threat of, or use of force and state what is said

Answer 1

Article 2(4) of the UN charter provides that all members of the un shall refrain In their international relations from the treat or use of force against the territorial integrity or political independence or any statute, or in any other manner incompatible with the purposes of the UN

Question 2

What are the two exceptions to article 2(4) of the un charter?

Answer 2

1. The right to self defense ( article 51 of UN chanter)
2. The use of force by the UNSC when appropriate in collective measures authorized by the UNSC

Question 3

Where did the right to self defense start?

Answer 3

Ancient Greece and Rome in the concept of just war

Question 4

What does article 51 preserve?

Answer 4

The right to individual or collect self -defense if an armed attack occurs while the UNSC has taken necessary measures to maintain international peace and security

Question 5

Does the right to self-defense come with international responsibility?

Answer 5

Not if this procedural requirement is used correctly

Question 6

What happens is the requirement of reporting the self defense claim to the UNSC is not fulfilled?

Answer 6

The claim will not be invalidated

Question 7

What case law preserved the right to self defense?

Answer 7

Nicaragua case by making reference to the inherent right to self defense

Question 8

What are the controversial positions on article 51?

Answer 8

1 if an armed attack occurs means after an armed attack
2. That a state is allowed to respond to an imminent armed attack that has not yet occurred
3. The state is allowed to resort to self -defense to respond to an armed attack that is neither actual nor manifestly imminent but which take place in the future

Question 9

What kind of self defense is “The state is allowed to resort to self -defense to respond to an armed attack that is neither actual nor manifestly imminent but which take place in the future”?

Answer 9

Pre-emptive

Question 10

What kind of self defense is “That a state is allowed to respond to an imminent armed attack that has not yet occurred”?

Answer 10

Anticipatory self defense

Question 11

How do you know whether an armed attack exists?

Answer 11

Analyze the scale of the attack and the effect of the force used

Question 12

What is the amount of force acceptable for self defense?

Answer 12

Enough to halt and repel armed forces

Question 13

What is an example of collective self defense?

Answer 13

NATO

Question 14

What statute incorporates collective self defense?

Answer 14

Article 51

Question 15

What are examples of conventional use of force?

Answer 15

1. 4. When there is a threat of imminent injury Or death to nationals
2. When a state in those territory they ore located is unwilling or unable to protect foreign nationals in danger
3. When the intervention of a state is exclusively confined to the rescuing of its nationals.
4. When there is a reasonable chance the action will save more lives than it will destroy

Question 16

What is humanitarian intervention?

Answer 16

Unilateral coercive interference by one state or a group of states in the internal affairs of another state, involving the use of armed force with the purpose of addressing massive human nights valuations or preventing widespread human suffering

Question 17

What are three places that have received humanitarian intervention?

Answer 17

Somalia, Rwanda and Bosnia

Question 18

What are reprisals?

Answer 18

Coercive measures directed by one government against other government in retaliation for alleged wrongful acts commented by the latter

Question 19

Are reprisals legal?

Answer 19

Reprisals involving the use of force during peacetime are unlawful and amout to acts of aggression