Conflict

Question 1

What is jus ad bello?

Answer 1

the right to self-defence

Question 2

What is jus in bello?

Answer 2

controlling means of warfare

Question 3

In what situations can the state use self-defence?

Answer 3

Anticipatory SD: when the attack is about to happen

Pre-Emptive SD: preventing on an attack

Question 4

What does A51 of the UN Charter say about SD?

Answer 4

MS have the right to SD only when an armed attack occurs.

However, it is a blurred concept and the SC has the last decision over the situation.

Question 5

SD 4 principles

Answer 5

Proportionality: the harm/actions caused need to be proportional to the number of deaths.
Necessity: only kill when needed. deaths will only be allowed to achieve the war aim.
Humanity: consider humane implications and human lives by preventing suffering, injury and destruction.
Distinction: distinct between combatants and civilians.

Question 6

Jus in bello’s 5 requirements

Answer 6

1. Personae: needs to have combatants.
2. Res: there needs to be a catalyst
3. Justa causa: there needs to be an aim
4. Autocritas: physical territory to fight
5. Animus: rightful intentions

Question 7

Why are states engaged in conflict?

Answer 7

· R2P
· strop & prevent atrocities
· put states under international supervision
· investigate & protect HR

Question 8

When does an armed conflict end? (4)

Answer 8

Ceasefire
Reconstruction
Formal peace treaty
SC resolution

Question 9

IHL

Answer 9

protect civilians and their human rights no matter what or where when conflict is a threat to their lives.

• However application depends on how the conflict is defined*