Jus ad Bellum

Question 1

What is jud ad bellum?

Answer 1

the law regulating a state’s use of force

Question 2

What is jus ad bellum regulated by?

Answer 2

the UN Charter and CIL

Question 3

What is jus in bello?

Answer 3

law regulating the conduct of armed conflict

Question 4

What is jus in bello regulated by?

Answer 4

The Hague Conventions, Geneva Conventions, ICL

Question 5

Kellogg Briands Act replaced by what?

Answer 5

United Nations Charter

Question 6

What UN actions are binding?

Answer 6

Security Council resolutions

Question 7

What UN actions are advisory/not binding?

Answer 7

General Assembly resolutions

Question 8

Four Principles of the UN Charter?

Answer 8

Sovereign equality, peaceful settlement of differences, non-intervention, and general prohibition on use of force

Question 9

General prohibition on use of force. = what article?

Answer 9

Article 2(4)

Question 10

Why is consent not an enumerated exception to the prohibition on use of force?

Answer 10

Because sovereign countries don’t need other countries’ permission to consent to use of force within their own borders.

Question 11

What are the big exceptions to Art. 2(4)?

Answer 11

UNSCRs and Self Defense

Question 12

Are UNSCRs binding?

Answer 12

Yes

Question 13

Who is bound by UNSCRs?

Answer 13

All nations in the UN

Question 14

When are cyber attacks considered an “armed attack?”

Answer 14

When the results of the cyber attack are like those of a physical attack

Question 15

What are the types of self-defense under UN Charter Art. 51?

Answer 15

Individual and collective

Question 16

What are the criteria for using self-defense under the UN Charter Art. 51?

Answer 16

Necessity, proportionality, and timeliness

Question 17

Under the US view, countries may use what in anticipation of an imminent attack?

Answer 17

Self defense

Question 18

Under CIL, when can a country use anticipatory self-defense?

Answer 18

when anticipating an imminent attack

Question 19

What is an “imminent attack” under CIL?

Answer 19

An attack that is “instantaneous, overwhelming.”

Question 20

Is humanitarian intervention an acceptable reason to use self-defense of another country?

Answer 20

Not under CIL

Question 21

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.

Answer 21

unwilling, unable