Regulation of the Use of Force

Question 1

TRUE or FALSE: UNC charter parties shall refrain in intl relations from threat or use of force

Answer 1

-TWUE
-Art. 2(4)

Question 2

What are the requirements of threat of use of force?

Answer 2

(From lecturer)
-if the actualisation of the use of force would have been unlawful considered use of force

Question 3

TRUE or FALSE: self defence is allowed in use of

Answer 3

-Yup
-Art. 51 Charter
-Nicaragua Case

Question 4

What did the Nuclear Weapons Advisory Opinion GA show about threat of use of force?

Answer 4

-Possesion of nuclear weapons in itself is not a threat of use of foucrce

Question 5

TRUE or FALSE: one must report their act of self-defence, if not it’s unlawful

Answer 5

-Not necessarily
-But if don’t report, might perceive as not nec. believing it was self defence
-Nicaragua case

Question 6

List the requirements of self-defence

Answer 6

-againt Armed attack (unlawful use of force)
-Nicaragua
-from another state
-Immediacy
-Explored in Falklands Island Case
-Condition collective self-defence: request for assistance

Question 7

Define armed attack

Answer 7

Unlawful use of armed fore
-Most grave formed
-“gravity” - Nicaragua case

Question 8

List the situations whe

Answer 8

-self-defence
-Authorisation by security council

Question 9

What did the Oil Platforms case conclude about an armed attack

Answer 9

-shooting down of a singular vessel is not an armed attack

Question 10

TRUE or FALSE: An armed attack is a use of force

Answer 10

-Yes
but not all use of forces are armed attacks

Question 11

TRUE of FALSE: A use of force is an armed attack

Answer 11

-no not necessarily

Question 12

What did the Oil Platform case confirm about self-defence

Answer 12

1.Cannot prove missiles by Ir. state
-no r o. sd

2. burden of proof of “self defenser” 2 prove attributability

Question 13

What did the wall opinion conclude about self-defence?

Answer 13

-self defence must be against the AA of ANOT.
-STATE
-state attributability
-did not attribute threat 2 another state

Question 14

What does the Nicaragua case show about self-defence?

Answer 14

-Req. or AA
- gravity o. AA
-Req. o rew for CD
-Proportionality requirement
-Military presence= use of force

Question 15

What did the World Summit Outcome say about the use of force?

Answer 15

-Each individual state has resp. 2 protect its pops from genocide

Question 16

What are the articles codifying military action by the UN

Answer 16

Art. 42 UNC

Question 17

What did Resolution 1973 on Libya show about the use of force

Answer 17

-Right 2 Protect