Jus ad Bellum Flashcards
What is jud ad bellum?
the law regulating a state’s use of force
What is jus ad bellum regulated by?
the UN Charter and CIL
What is jus in bello?
law regulating the conduct of armed conflict
What is jus in bello regulated by?
The Hague Conventions, Geneva Conventions, ICL
Kellogg Briands Act replaced by what?
United Nations Charter
What UN actions are binding?
Security Council resolutions
What UN actions are advisory/not binding?
General Assembly resolutions
Four Principles of the UN Charter?
Sovereign equality, peaceful settlement of differences, non-intervention, and general prohibition on use of force
General prohibition on use of force. = what article?
Article 2(4)
Why is consent not an enumerated exception to the prohibition on use of force?
Because sovereign countries don’t need other countries’ permission to consent to use of force within their own borders.
What are the big exceptions to Art. 2(4)?
UNSCRs and Self Defense
Are UNSCRs binding?
Yes
Who is bound by UNSCRs?
All nations in the UN
When are cyber attacks considered an “armed attack?”
When the results of the cyber attack are like those of a physical attack
What are the types of self-defense under UN Charter Art. 51?
Individual and collective
What are the criteria for using self-defense under the UN Charter Art. 51?
Necessity, proportionality, and timeliness
Under the US view, countries may use what in anticipation of an imminent attack?
Self defense
Under CIL, when can a country use anticipatory self-defense?
when anticipating an imminent attack
What is an “imminent attack” under CIL?
An attack that is “instantaneous, overwhelming.”
Is humanitarian intervention an acceptable reason to use self-defense of another country?
Not under CIL
When a host nation is _________ or __________ to take care of a problem, another country may intervene and take care of the problem out of self-defense.
unwilling, unable
