B Law 442 Final Flashcards
What is the Law of Armed Conflict (LOAC)?
A body of international law that regulates the conduct of armed hostilities.
What are the main goals of LOAC?
To protect individuals not participating in hostilities and to regulate how war is conducted.
Which documents are the foundation of LOAC?
The Geneva Conventions and The Hague Conventions.
What principle requires distinguishing between combatants and civilians?
The principle of distinction.
What does the principle of proportionality require in armed conflict?
That the harm caused by military action must not be excessive in relation to the anticipated military advantage.
What is the role of the UN Charter in war?
It promotes peaceful resolution and restricts the use of force.
What does ‘military necessity’ mean under LOAC?
Only using force necessary to achieve a legitimate military objective.
Who is protected under the Geneva Conventions?
Wounded soldiers, prisoners of war, and civilians.
What is an unlawful order?
A military command that violates LOAC and is manifestly illegal.
What is the doctrine of command responsibility?
A commander is responsible for war crimes committed by subordinates if they knew and did nothing.
What is the main principle of Article 2(4) of the UN Charter?
Prohibition of the threat or use of force by states in international relations.
What does Article 51 of the UN Charter allow?
The right of self-defense if an armed attack occurs.
What is collective security?
A system in which states act together to address threats to peace.
What is anticipatory self-defense?
Defensive action taken in response to an imminent attack.
What are Articles 39-42 of the UN Charter about?
They outline Security Council powers to maintain international peace and security.
What is the ‘Caroline standard’?
A test for lawful anticipatory self-defense based on necessity and proportionality.
What is the role of the UN Security Council?
To authorize military action and impose sanctions.
What is NATO’s Article 5?
An attack on one member is considered an attack on all.
What are modern challenges in defining ‘force’?
Issues like cyberattacks and economic coercion blur traditional definitions.
What is humanitarian intervention?
Military intervention to prevent human rights violations, not always accepted under international law.
What is the WTO?
An international organization that governs global trade rules and resolves disputes.
What is the General Agreement on Tariffs and Trade (GATT)?
A WTO agreement that reduces trade barriers on goods.
What are the key principles of the WTO?
Non-discrimination, transparency, and trade liberalization.
What does ‘Most Favoured Nation’ mean?
Equal trade terms for all WTO members.