Use of Force

Question 1

Corfu Channel on state sovereignty

Answer 1

Defence of UK for violating the sovereignty of Albania (removing mines) that it was important not enough, allowing this could lead to “perverting international justice”

Question 2

Nicaragua on state sovereignty

Answer 2

Opinio juris strong on this principle, plus reflected in numerous declarations

Question 3

Art 2(4) UN Charter

Answer 3

Threat and use of force illegal

Question 4

Art 51 UN Charter

Answer 4

If an armed attack occurs against a State, it has the right to self-defence

Question 5

Legitimism

Answer 5

The idea that if a king was being toppled in one State in Europe and his cousin was head of another State, that cousin would help based on the idea that the king was a legitimate ruler

Question 6

Belligerency

Answer 6

A historical doctrine that if you had rebels in a country and those rebels were able to overthrow the government, it used to be the case in IL until the Spanish Civil War that States could choose politically who to support

Question 7

Art 3 General Assembly Resolution 375

Answer 7

Every State has the duty to refrain from intervention in the internal or external affairs of any other State

Question 8

Nicaragua on non-intervention

Answer 8

“It is difficult to see what would remain of the principle of non-intervention in IL if intervention, which is already allowable at the request of the government of a State, were also to be allowed at the request of the opposition”