lesson 5

Question 1

what is International Humanitarian Law?/ jus in bello

Answer 1

it regards the rules during armed conflict.

Question 2

what is the difference between Hague and Geneva law?

Answer 2

hague law- regulation of the means and methods of warfare.
Geneva law- protecting vulnerable groups and victims of armed conflict

Question 3

Is there still distinction between Hague law and Geneva Law?

Answer 3

no- because since 1977 geneva law added 2 additional protecols regarding lawfullness of warfare.

Question 4

what is IAC

Answer 4

International Armed Conflict:
1. armed force between states
2. foregin states intervene conflict by;
- sending troops
- exercising overall control over one of the parties to the conflict

Question 5

what is NIAC

Answer 5

Intra-state conflict without an international character in any way.
must be certain serverity to qualify as armed conflict.

Question 6

Why is distinguishment between IAC and NIAC necessary?

Answer 6

to establish what law is applicable.

Question 7

what is the difference between combattant and civilian in armed conflict?

Answer 7

• combatant participates in the armed conflict/ hostilities.
• civillian anyone who is not a combattant.

Question 8

What are basic principles of IHL?

Answer 8

1. distinction must be made between military objectives and civilian objects.
2. prohibition on indiscriminate attacks.
3. prohibition on unnecessary suffering.

Question 9

what are the 2 main catogories of principles of international environmental law?

Answer 9

-principle to prevent
-principle to balance

Question 10

what are the principles to prevent?

Answer 10

1. no harm principle (trail smelter case- do not cause harm to other states.)
2. precautionary principle (even when there’s is no scientific certainty yet, you should still take preventive measures.)
3. environmental impact assesment (assesment to see risk of environmental harm)

Question 11

what are the principles to balance?

Answer 11

• polluter pays principle
• Common But Different Responsibilities (deveopping states contrbute more than others).
• principle of intergenerational equity
• prinicple of participation

Question 12

where can you find rules regarding IAC

Answer 12

1. common art. 2
2. Additional protocol 1
3. geneva convention 1 to 4

Question 13

where can you find rules regarding NIAC?

Answer 13

1. Common Art.3
2. AP 2

Question 14

can state agent use immunity at ICC

Answer 14

no
rome statute art. 27

Question 15

what crimes does ICC prosecute?

Answer 15

1. genocide
2. crimes against humanity
3. crimes of aggression
4. war crimes

Question 16

how can ICC exercise jurisdiction?

Answer 16

• perpetrator accused is of state party (RS)
• crime is commited on territory state party.