Introduction: Chapter 1

Question 1

What is the difference between jus in bello and jus ad bellum?

Question 2

What is the Geneva Law?

Question 3

What is the Hague Law?

Question 4

a) What was the first treaty that was created that contained rules of war? b) What circumstances created a need for this treaty? c) And what three main issues did it regulate?

Question 5

a) How far back do rules of war go? b) What civilisations respected rules of war?

Question 6

a) What is the law of neutrality and what relevance does it have today? b) What duties and obligations does the law of neutrality impose on the neutral State? c) What intent does the law of neutrality have? d) What are the potential implications for a State that declares itself as non-belligerent as opposed to neutral as was the case with the USA in WWII? e) In what circumstances involving international conflict might the law of neutrality not apply today?
f) Do recent changes in the practice of states, which compromise the position of impartiality of neutral States, amount to a revocation of the law of neutrality? g) What is the legal threshold for applying the law of neutrality and in what circumstances might it not be triggered? (1107 Bothe)

Question 7

What are the sources of IHL and the dates of these treaties?

Question 8

What does the Additional Protocol II to the Geneva Convention address?

Answer 8

The protection of persons and the conduct of hostilities.

Question 9

Under contemporary jus ad bellum, there is a general prohibition of the use of force. What are the 3 indisputable situations in which the use of force is permitted?

Answer 9

1. Self-defence, either individual or collective, in response to an armed attack
2. When the UN Security Council authorises States to use force in response to ‘any threat to the peace, breach of the peace or act of aggression’ (under Chapter VII of the UN Charter)
3. When a State consents to another State’s use of force within its territory

Question 10

To what does the asymmetrical application of jus in bello refer and what were its consequences?

Question 11

What were the 3 main historical epochs defining the development of jus ad bellum?

Question 12

What is the principle of equality of belligerents?

Question 13

When did obligations regarding the prohibition of the use of force begin to emerge?

Question 14

When was the use of force declared illegal and what were the exceptions?

Question 15

What is the principle of separation and what are its four implications?