PIL FInals

Question 1

What are the limitations to the exercise of the right to individual or collective self- defense?

Answer 1

a) individual or collective, it can only be exercised in response to an “armed attack” which shall include not merely action by regular armed forces across an international border, but also the sending by a State of armed bands on to the territory of another State
b) collective self-defense cannot also be exercised in the absence of a request by the State which is a victim of the alleged attack this being additional to the requirement that the State in question should have declared itself to have been attacked.

Question 2

What are the requisites of self-defense under Article 51 of the UN Charter? A-N-M-M

Answer 2

a) an armed attack occurred against a member of the UN;
b) necessity of that self-defense is instant, overwhelming, and leaving no choice of means, and no moment for deliberation;
c) The measures taken “must be limited by that necessity and kept clearly within it”;
d) The right of self-defense must give way to measures that may be taken by the Security Council to maintain international peace and security.

Question 3

What is the right of collective self-defense?

Answer 3

If the state is entitled to use force in self-defense under Article 51, other states are entitled to come to the defense of the attacked state in collective self-defense.

Note: the victim state must make an express REQUEST to other states to come to its help.

Question 4

What are the other measures of redress short of war that are used by states? S-N-R-E-R-D-P-A-I

Answer 4

a) severance of diplomatic relations;
b) non intercourse;
c) retorsion;
d) embargo;
e) reprisals;
f) display of force;
g) pacific blockade;
h) armed intervention without war;
i) international organizational sanctions.

Question 5

What is severance of diplomatic relations?

Answer 5

A situation where there is an issue between the two states had reached a point where the injured party regarded normal diplomatic relations as no longer compatible with the conduct of the other state,

Question 6

What is non-intercourse?

Answer 6

It consists of suspension of all commercial intercourse with a state.

Question 7

What is retorsion?

Answer 7

It is any action taken in retaliation where the acts complained of do not constitute a legal ground of offense but are rather in the nature of unfriendly acts but indirectly hurtful to other states.

Question 8

Examples of Retorsions

Answer 8

severance of diplomatic or consular relations, suspension of commercial intercourse, boycott, stoppage of travel to the other state, denunciation of treaties, imposition of higher tariffs and other trade barriers, currency restrictions, denial of loans and withdrawal of privileges previously enjoyed, recognition of a rival government, and adverse propaganda.

Question 9

Is retorsion valid?

Answer 9

As long as retorsion does not involve the threat or use of force, it is valid under International law

Question 10

What are reprisals?

Answer 10

They are an act of self-help on the part of the injured state, responding after an unsatisfied demand to an act contrary to international law on the part of the offending state.

Question 11

Common forms of reprisals (D-E-P-O)

Answer 11

1. Display of force
2. Embargo
3. Pacific Blockade
4. Occupation of territory

Question 12

What is embargo?

Answer 12

It is the prohibition of commerce and trade with the offending state.

Question 13

What is boycott? Does it constitute a violation of IL?

Answer 13

It is a concerted action undertaken by the citizens of one state to suspend trade and business relations with the citizens of the offending state. So long as the boycott is a purely voluntary act on the part of the citizens acting individually or in concert, it is a measure that falls outside of the scope of IL.

It is a form of reprisal which consists of suspension of trade or business relations with the nationals of an offending state.

Question 14

What is blockade?

Answer 14

It is any effort to cut off all maritime commerce between an enemy state and the rest of the world.

PURPOSES:

to prevent goods from reaching the enemy;
to prevent the enemy from exporting to the outside world

Question 15

How may such disputes be brought to the attention of the SC?

Answer 15

a) by the SC itself, on its own motion;
b) by the GA;
c) by the Secretary General;
d) by any member of the UN;
e) by any party to the dispute, provided that in the case of non-members of the UN, they should accept in advance, for purposes of the dispute, the obligations of pacific settlement under the Charter.

Question 16

What is the Military Staff Committee?

Answer 16

It consists of the chiefs of staff of the permanent members of the SC or their representatives. It is supposed to advise and assist the SC on all questions relating to its military requirements

Question 17

What is “Uniting for Peace Resolution”?

Answer 17

This provides that “if the Security Council, fails to exercise its primary responsibility, the General Assembly shall consider the matter immediately with a view to making recommendations to the members for collective measures.

Question 18

Distinguish enforcement action from peacekeeping forces?

Answer 18

Enforcement action involving deployment of troops differs from peacekeeping forces in that enforcement action is imposed without the consent of the state against which such action is directed.

Peacekeeping forces are deployed with the consent of the state concerned.

Question 19

Is the preservation and maintenance of international peace and security the “exclusive” responsibility of the SC?

Answer 19

The preservation and maintenance of international peace and security is the obligation of all members of the UN and the responsibility of the Organization itself, which must be discharged primarily through the SC and secondarily through the GA.

Question 20

What is intervention in international law?

Answer 20

It is defined as an act by which a state interferes with the domestic or foreign affairs of another state or states through the employment of force or threat of force.

Question 21

What is International Humanitarian Law?

Answer 21

It is a set of rules which seek, for humanitarian reasons, to limit the effects of armed conflict

Question 22

How does war commence?

Answer 22

War may start with a declaration of war; with the rejection of an ultimatum, or with the commission of an act of force regarded by at least one of the belligerents as an act of war.

Question 23

What are the effects of the outbreak of war?

Answer 23

1) The laws of peace cease to regulate the relations of the belligerents and are superseded by the laws of war.
2) Diplomatic and consular relations between the belligerents are terminated and their respective representatives are allowed to return to their own countries.
3) Treaties of political nature, such as treaties of alliance, are automatically cancelled
4) Individuals are impressed with enemy character
5) Enemy public property found in the territory of the other belligerent at the outbreak of hostilities is, with certain exceptions, subject to confiscation.

Question 24

Who are combatants?

Answer 24

1) the members of the armed forces, whether pertaining to the army, the navy or the air force, except those not actively engaged in combat, such as chaplains and medical personnel;
2) the irregular forces;
3) the inhabitants of unoccupied territory who, on approach of the enemy, spontaneously take arms to resist the invading troops without having had time to organize themselves;
4) the officers and crew of merchant vessels who forcibly resist attack.

Question 25

Non-combatants

Answer 25

Non-combatants or those who do not engage directly in hostilities do not enjoy identical rights when captured but are protected from inhumane treatment

Question 26

What are the rights accorded to combatants when captured?

Answer 26

1) right to the proper respect commensurate with their rank;
2) right to adequate food and clothing;
3) right to safe and sanitary quarters;
4) right to medical assistance;
5) right to refuse to give military information or render military service against their own state;
6) right to communicate with their families.

Question 27

What are the three basic principles underlying the rules of warfare?

Answer 27

1) Principle of Military Necessity
2) Principle of Humanity
3) Principle of Chivalry

Question 28

Principle of Chivalry

Answer 28

This principle is the basis of such rules as those that require the belligerents to give proper warning before launching a bombardment or prohibit the use of perfidy (treachery or faithlessness) in the conduct of hostilities.

Question 29

When can an individual be considered a spy?

Answer 29

An individual can only be considered a spy if, acting clandestinely or on false pretenses, he obtains, or seeks to obtain, information in the zone of operations of a belligerent, with the intention of communicating it to the hostile party.

Question 30

What is the right of postliminy or postliminium?

Answer 30

It is that in which persons or things taken by the enemy are restored to the former state on coming actually into the power of the nation to which they belong.