lesson 4

Question 1

what is the difference between ‘primary rules’ and ‘secondary rules’ regarding state responsibility?

Answer 1

primary rules-> rules that define obligations that may generate responsibility if they are violated. (like prohibition of torture)
secondary rules -> rules that define the consequenses of violating primary rules.

Question 2

who drafted the ARSIWA?

Answer 2

• the international law commision drafted the ARSIWA and the ARSIWA establish relevant rules on state responsibility.

Question 3

what are the main principles of state responsibility?

Answer 3

1. each state is responsible for it’s own conduct.
2. conduct is breach of an international obligation (cannot justify it by invoking domestic law).
3. conduct is attributable to a STATE.

Question 4

What are circumstances that preclude the wrongness?

*preclude= uitsluiten

Answer 4

1.* consent* by a state to commision to the act
2. self defence
3.lawful countermeasures
4. force majeure
5. distress - no other way of saving agents life
6. neccesity only way to safeguard essential interest.

Question 5

what are the 2 exceptions on the prohibitions on the use of force?

Answer 5

1. UNSC authorization
2. self-defence
   3.THESE ARE THE ONLY ONES

Question 6

what sort of norms can never be preluded of wrongness.

Answer 6

jus cogens norms
- genocide
- torture
- slavery
- crimes against humanity
- apartheid

Question 7

is only the injured state allowed to invoke a breach of international law?

Answer 7

-no, because when it regards erga omnes norms every state can invoke it because a state has a obligations to the entire international community to fullfill these obligations (like genocide etc.)

Question 8

what is the difference between anticipatory and pre-emptive self defence?

Answer 8

• anticipatory self-defence: there is imminent threat to armed attack. (ALLOWED)
• pre-emptive self-defence: to remove less certain treat of attack, or to eliminate possibility of a future attack on other side.

Question 9

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

Answer 9

-jus ad bellum: when and for what purpose another state is allowed to use force against another state.
-jus in bello: rules during use of force/ war

Question 10

What is the ‘effective control test’

Answer 10

Test to establish whether a state has control over a group.