CH. 9 Use of Force Flashcards
regulates initiation of armed conflict
jus ad bellum
force only lawful if necessary to achieve a legitimate military objective
military necessity
test that limits when states can argue that force is necessary for self-defense (based off a case)
the Caroline Test
force must be proportional with state’s objective
proportionality
first codification on limiting armed conflict, issued by President Lincoln in 1863 to professionalize the northern army
Lieber Code
first systematic international rules; numerous agreements to regulate military operations and limit weapons (1899-1907)
Hague Law
part of Hague Law; focus on state (belligerent) rights, include civilian protections, and clarify that CIL also governs armed conflict
Martens clause
four 1949 treaties that focus on protect people, including civilians and combatants who are captured, sick, or wounded (emphasize individual rights)
Geneva Conventions
1977 treaty that expands prior rules about military conduct and protected people, unifies Hague law and Geneva Conventions but has controversial provisions
Additional Protocol I
treaty that gave rules on non-international armed conflict (NIAC)
Additional Protocol II
warfare in which armed groups do not distinguish themselves from civilians
guerilla warfare
attacks that aren’t direct at a specific military objective, employ a method or means of combat that can’t be directed at specific military objective, or are of nature to strike military objectives and civilians or civilian objects without distinction
indiscriminate attacks
combatants can’t be criminally prosecuted for their legal acts during armed conflict
combatant immunity
combatants who’ve fallen into power of enemy (usually by surrendering or being captured)
prisoners of war (POWs)
giving private actors authority to attack foreign vessels and seize them as prizes during wars
privateering