Lecture 6

Question 1

Just war rules

Answer 1

actoritas, justa causa, res, personae, animus

Question 2

actoritas

Answer 2

who can actually fight a war

Question 3

justa causa

Answer 3

you need to have the right to the thing you are fighting for

Question 4

Res

Answer 4

the thing you are fighting over must be defined, concrete

Question 5

personae

Answer 5

only individuals that are allowed to fight will fight

Question 6

animus

Answer 6

the intention of fighting is to correct the wrong

Question 7

What is considered to be a default by international law?

Answer 7

peace

Question 8

jus ad bellum

Answer 8

the right to wage war (transition form peace to war)

Question 9

when war is possible?

Answer 9

self-defense, UN Security Council mandated action

Question 10

what is self-defense regulated by?

Answer 10

Caroline rule, article 42

Question 11

jus in bello

Answer 11

rules on when force can be legally used (regulates conduct during the war)

Question 12

What does international humanitarian law protect?

Answer 12

people, objects, in general limits the effect of armed conflict

Question 13

four principles of IHL

Answer 13

humanity, distinction, proportionality, and military necessity

Question 14

principle of humanity (Martens clause)

Answer 14

if there is no law, then we look at morality, common usage or public opinion

Question 15

principle of distinction

Answer 15

distinction between combatants and non-combatants

Question 16

principle of proportionality

Answer 16

the proportionality between the activity and desired goal, minimizing human and material cost

Question 17

principle of military necessity

Answer 17

prohibition of unnecessary suffering, balance between the cost and military benefit