9. The use of Force Flashcards

1
Q

What does UNC Article 2(4) prohibit?

A

It prohibits states from using force against other states’ sovereignty.

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2
Q

What are the interpretations of the word ‘Force’ in UNC Article 2(4)?

A

It can refer to armed forces or cyber attacks.

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3
Q

What is UNC Article 51 about?

A

It provides justification for the use of force in self-defense.

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4
Q

What are the disagreements regarding self-defense in UNC Article 51?

A

Disagreements exist about the timing of self-defense, particularly in relation to imminent threats, as highlighted by the 9/11 attacks.

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5
Q

What does the counter-terrorism doctrine interpret regarding Article 51?

A

It includes defense against non-state actors, which means states do not need UNSC approval for such actions.

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6
Q

What is humanitarian intervention?

A

It is a doctrine stating that the international community has a moral obligation to intervene in grave humanitarian violations, breaching state sovereignty.

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7
Q

Is humanitarian intervention linked to the UN Charter or UNSC?

A

No, it is not linked to the UN Charter or UNSC, although R2P (Responsibility to Protect) is related.

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8
Q

What is implied authorization of the UNSC?

A

It refers to the situation where the UNSC does not explicitly authorize the use of force, but its actions can be interpreted as endorsing military action.

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9
Q

What is an example of implied authorization?

A

The 1999 Kosovo intervention is a prominent example, where NATO argued that previous resolutions implied support for military action.

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10
Q

What are peacekeeping operations?

A

They are operations that, while not explicitly mentioned in the UN Charter, have become central to the Security Council’s work in maintaining peace and security.

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11
Q

What does UNC Article 53 state?

A

It suggests that regional organizations can use force independently, though some argue they need UNSC authorization.

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12
Q

What role did ECOWAS play in Liberia and Sierra Leone?

A

The Security Council authorized ECOWAS to use force to restore democracy in Liberia (1990-97) and Sierra Leone (1997-2000).

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13
Q

What is ECOMOG?

A

It stands for Economic Community of West African States Monitoring Group, which used force in Liberia in 1990 without UNSC authorization.

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14
Q

What did the UN High-Level Panel Report on Threats, Challenges and Change (2003) say about humanitarian intervention?

A

The Panel rejected unilateral humanitarian intervention by states, arguing it would destabilize international order, contrasting with Glennon’s view on NATO’s Kosovo intervention.

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15
Q

What is the Bad State Theory?

A

It posits that states with less regard for international norms weigh the benefits of violating rules against potential costs, highlighting law’s limits in restraining self-interested states.

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16
Q

What is the crime of aggression?

A

Defined in the Rome Statute Article 5(d), the ICC has jurisdiction over this crime.

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17
Q

What is the Security Council’s role regarding the crime of aggression to the ICC?

A

The Security Council can initiate an ICC investigation into a ‘situation of aggression’ through a Chapter VII resolution, affecting nationals of any state.

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18
Q

What is Jus ad Bellum?

A

It refers to the branch of law that entitles states with legitimate reasons to engage in war.

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19
Q

What are Russia’s justifications for its invasion of Ukraine?

A

1) Self-defense against NATO expansion.
2) Protection of ethnic Russians in Ukraine.
3) Request for assistance from Luhansk and Donetsk republics.

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20
Q

What are the rejections of Russia’s justifications?

A

1) NATO expansion was not an armed attack.
2) No evidence of genocide in Ukraine.
3) Luhansk and Donetsk are not legitimate states for military intervention requests.

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21
Q

Voluntary veto restraint

A

Initiatives that ask that the permanent members of the Security Council voluntarily restrain their veto use in the face of genocide, crimes against humanity, and war crimes.

UK and France signed this initative.

22
Q

Silent veto

A

Resolutions not even proposed due to a P5 political perferences.

23
Q

Cold War UNSC paralyzed

A

The Cold War rivalry between the US and the Soviet Union often led to deadlock in the Security Council.

24
Q

Reforming the UNSC - G4

A

Consists of Germany, India, Brazil, and Japan. Advocates for adding six permanent seats (including one for each G4 member and two for African states), four non-permanent seats, and limiting veto power