Section 10 - Jus ad Bellum Flashcards
What does Article 2.4 of the UN Charter prohibit?
Article 2.4 prohibits the use of force against the territorial integrity or political independence of any state, except in cases explicitly authorized by the Charter.
What are the three exceptions to the prohibition of the use of force under international law?
Self-defense (Article 51): Individual or collective defense against an armed attack.
UNSC Law-Enforcement Measures (Article 42): Force authorized by the Security Council to maintain or restore international peace and security.
Humanitarian Intervention: Not explicitly mentioned in the UN Charter, often debated and sometimes justified under emerging customary international law.
What actions did the U.S. take against Nicaragua during 1984-86?
Covertly supported the Nicaraguan Contras under the Reagan Doctrine.
Mined Nicaraguan ports and imposed economic embargoes.
The case began after the United States provided financial, logistical, and military support to the Contras, a counterrevolutionary group, and engaged in direct actions like mining Nicaraguan harbors. Nicaragua claimed these acts violated international law.
What legal instruments were applicable in the Nicaragua case, and what did the ICJ find?
Customary International Law (CIL): U.S. violated Nicaragua’s sovereignty and laws of war by mining ports without warning.
Bilateral Treaty of 1956: U.S. violated non-intervention obligations by supporting the Contras and imposing embargoes.
How did the U.S. justify its actions in Nicaragua, and why did the ICJ reject this justification?
The U.S. claimed collective self-defense, alleging Nicaragua supported rebels in El Salvador.
ICJ rejected the claim, finding:
1. No armed attack occurred to trigger self-defense under Article 51.
2. Providing weapons to rebels does not constitute an armed attack.
3. U.S. actions violated necessity and proportionality principles.
What were the ICJ’s conclusions regarding the U.S. actions in Nicaragua?
U.S. actions constituted a breach of international law.
U.S. was found responsible for reparations to Nicaragua, though it ignored the ruling.
Nicaragua’s appeal to UN Charter Article 94 (enforcement by UNSC) failed due to U.S. influence.
What incidents led to the Iranian Oil Platforms case? 1987-2003
October 1987: After an attack on a U.S. ship (Sea Isle City), the U.S. attacked the Reshded oil platform.
April 1988: After a U.S. ship (Samuel Robarts) struck a mine, the U.S. attacked two more oil platforms (NASR and Solomon).
What was Iran’s claim, and what treaty was invoked?
Iran claimed the U.S. violated the 1955 Treaty of Amity, specifically freedom of commerce provisions.
The treaty included a compromissory clause granting ICJ jurisdiction.
How did the ICJ assess the U.S.’s actions under international law?
US v Iran
Attribution of attacks: The ICJ found prior attacks (e.g., mining) dubiously attributable to Iran.
Self-defense claim: Rejected, as the U.S.’s counterattacks were retaliatory rather than necessary or proportionate.
Freedom of commerce: Not violated, as the embargo preceded the destruction of oil platforms.
What was the broader implication of the ICJ ruling in the Iranian Oil Platforms case?
The ICJ highlighted the U.S.’s disproportionate actions but avoided broader implications due to the narrow scope of the bilateral treaty. Critics viewed the ruling as politically motivated to implicitly criticize U.S. actions.
What occurred during Israel’s airstrike on the Osirak nuclear reactor in 1981?
Israel launched a preemptive strike on Iraq’s Osirak nuclear reactor, claiming it was necessary to prevent Iraq from developing nuclear weapons.
What was the UNSC’s response to the Osirak airstrike?
UNSC Resolution 487 condemned the attack, finding no justification for preemptive self-defense and calling for Israel to provide reparations to Iraq.
How does this case relate to the Nuclear Non-Proliferation Treaty (NPT)?
The NPT requires member states to use nuclear energy for peaceful purposes and allows inspections to ensure compliance. Iraq’s reactor was under IAEA safeguards at the time.
What is the purpose of the Nuclear Non-Proliferation Treaty (NPT)?
Prevent horizontal proliferation (spread of nuclear weapons to non-nuclear states).
Promote peaceful nuclear energy use under international inspections.
Commit nuclear states to disarmament efforts.
What is the Treaty on the Prohibition of Nuclear Weapons (TPNW), and how does it differ from the NPT?
Adopted in 2017, entered into force in 2021.
Explicitly bans nuclear weapons, their use, possession, and development.
Broader in scope than the NPT but lacks support from major nuclear states.
