Legal Issues: Ius contra bellum (P. Grzebyk)

Question 1

Ius Bellum

Answer 1

Right to wage War

Question 2

Art. 2 of GC I states that the Convention shall apply to all cases of

Answer 2

• declared war
• any other armed conflict which may arise between two or more of the High Contracting Parties, even if the state of war is not recognized by one of them
• partial or total occupation of the territory of a High Contracting Party, even if the said occupation meets with no armed resistance

Question 3

Ius Contra Bellum

Answer 3

prohibition to wage war

Question 4

How did the conceptualization of War changed after WW2?

Answer 4

Nowadays if you have hostilities between states, we declared that this is an armed conflict so basically it is war. Is not necessary a declaration of war.

Question 5

What is peace?

Answer 5

• Is not just the lack of conflict
• positive, dynamic participatory process where dialogue is encouraged and conflicts are solved in a spirit of mutual understanding and cooperation

Question 6

Ius in bello

Answer 6

law of armed conflicts, LOAC, law of war

Question 7

TRUE OR FALSE: not every party needs to apply IHL; only the Contracting party to the GC is obligued to.

Answer 7

FALSE

Question 8

Kellogg-Briand Pact of 27 August 1928 impplications for the legality of War

Answer 8

They technically “prohibited” war with this treaty, but in reality if read carefully, it is completely useless. They did it only to appease public opinion.

Question 9

TRUE OR FALSE: Under the Kellogg-Briand Pact you cannot attack a member that is not part of League of Nations.

Answer 9

FALSE

Question 10

TRUE OR FALSE: Under the Kellogg-Briand Pact War is legal if Submission the matter to enquiry by the Council and Council fails to reach a report unanimously agreed

Answer 10

TRUE

Question 11

United for Peace Protocol

Answer 11

if the members of the P-5 are blocked and cannot do anything this protocol is used for transferring Security Council’s powers to the General Assembly.

Question 12

Which was the Irak lesson for Authorisation of the Security Council to declare war?

Answer 12

not put a time limit. The USA had a casus belli in 96 and 2003.

Question 13

When can you use self defense?

Answer 13

Only when there is an armed attack

Question 14

when is it legal to claim Right to self-determination (internal)?

Answer 14

Only in colonial cases. For population inside a state you can claim autonomy but no self-determination.

Question 15

What is Pre-emptive self-defence?

Answer 15

situation in which there is absolutely certainty that an attack is going to occur, so you fix the problem in the moment.

Question 16

Is it acceptable to use force to protect your own citizens? YES/ NO & EXAMPLE

Answer 16

YES. Uganda when Israelites were kidnapped in a hijacked flight, so Israel launched a military operation to rescue then, Uganda was unable.

Question 17

When and who proposed R2P?

Answer 17

In a report adopted in 2001, initiative by Canada.

Question 18

TRUE OR FALSE: R2P has the same legal status as genocide.

Answer 18

FALSE. It is only a recommendation

Question 19

According to Aggression GA resolution 3314, What is an aggression?

Answer 19

Aggression is the use of armed force by a State against the sovereignty, territorial integrity or political independence of another State, or in any other manner inconsistent with the Charter of the United Nations, as set out in this Definition.

Question 20

What is the term used by the security council instead of aggression?

Answer 20

breach of the peace or threat of the peace. This is used to facilitate peace talks. . If you blame one state as aggressor this really difficult peace talks.

Question 21

What is Conciliation?

Answer 21

create opportunity to talk

Question 22

What is Mediation?

Answer 22

talk with both parties and be a moderator

Question 23

TRUE OR FALSE: in the ICJ you can choose the judges

Answer 23

FALSE

Question 24

What is Arbitration?

Answer 24

you can choose the arbitrators and is faster than ICJ

Question 25

Aggression can be committed by:

a. a state or non-state actor
b. non-state actor
c. a state
d. a state and non-state actor

Answer 25

(c.) Aggression can be committed by a state

Question 26

Aggression can be committed only against:

Select one:

a. a state
b. people
c. international organization or state
d. state or non-state actor

Answer 26

(a.) Aggression can be committed only against a state

Question 27

According to the UN Charter, self-defence can be used only
Select one or more:
a. in response to the planned armed attack
b. in response to an armed attack
c. in response to any use or threat to use force
d. in response to any kind of use of force

Answer 27

(b.) According to the UN Charter, self-defence can be used only in response to an armed attack

Question 28

permanent members of the Security Council are the following states

Answer 28

UK, US, China, Russia and France

Question 29

UN Security Council undertakes military actions based on:

Answer 29

Chapter VII

Question 30

Elected members of the UN SC are elected by:

Answer 30

The General Assembly

Question 31

preemptive self-defence

a. is legal according to the literal meaning of article 51 UN Charter
b. is in other words preventive self-defence
c. can be used in advance to the attack if an armed attack is certain and immediate
d. is considered as lawful in light of customary law

Answer 31

(b & d) is considered as lawful in light of customary law, can be used in advance to the attack if an armed attack is certain and immediate.

Question 32

R2P concept was introduced for the very first time by

Select one:

a. International Commission on Intervention and State Responsibility
b. General Assembly
c. UN Secretary General
d. Security Council

Answer 32

a.) International Commission on Intervention and State Responsibility

Question 33

Force can be used lawfully

Select one or more:

a. to support group fighting for self-determination
b. in self-defence
c. to save your own citizens being in danger abroad
d. with the consent of the state where intervention takes places
e. to change the regime in the third state

Answer 33

b. in self-defence
c. to save your own citizens being in danger abroad
d. with the consent of the state where intervention takes places

Question 34

Un Charter prohibits (if particular action is against its principles)

Select one or more:

a. threat to use military force
b. use of military force
c. threat to apply sanctions
d. use of any kind of force (economic, diplomatic, military)

Answer 34

a. threat to use military force

b. use of military force