Session 5 Flashcards
Define coercion
Enforcement mechanism, body of means the objective of which is to force a modification of a conduct.
Give examples of coercive
Individual coercive measures (uti singuli); collective coercive measures; non military (art41) or military (art 42)
Define retorsion
Lawful coercive mean, unfriendly and harmful act which is to hurt the state and modify its conduct. Method to show displeasure within the bounds of legality.
Define reprisal
Act which is in itself illegal but has been adopted in retaliation for the commission of an earlier illegal act by another state.
Give the characteristics of individual coercion
Taken in response to a previous wrongful act of another state, temporary non performance of an obligation; the request must have been refused by the state.
It has to have a purpose and be proportional to the harm done.
What is the condition for collective coercive measure?
Only in order to eliminate the danger or restitute a situation of peace
Define collective security
System in which a community of states n order to prevent the use of force against one of them, enters into a commitment to settle their dispute peacefully under the terms of which each state can enjoy such a guarantee of all the community.
What are the type of measure of coercion not involving the use of force
Under article 41: target a specific interest: limitation, interruption of diplomatic representations and consulat services; arms embargo, global economy embargo
Define target sanctions
sanctions directed against individuals responsible for the threat or breach of peace, not the state in general itself.
Give examples of targeted sanctions
Travel ban or asset freeze
Why are states under obligation to adopt sanctions?
It is a legal basis of the Security council prerogative, and under article 25: members of the UN agree to accept and carry out the decisions of the security council
What is the UNSC made of?
5 permanent members, and 10 non permanents members elected for a term of 2 years.
