War I Flashcards
Nuclear Weapons
Prohibition on UoF
Threat is illegal if contemplated use of force is illegal
Nicaragua
Prohibition on UoF
Threat of UoF includes organising armed bands for incursion into another S territory
Economic sanctions did not amount to breach of s2(4)
SD
A51 Codification of CIL
Not Proportional - Continued long after attack by N could be reasonably contemplated
SD against Non State Actors - US could have deployed force only at the El Salvador border
Accumulation Doctrine Rejected
R2SD can only be exercised in re an armed attack - Provision of logistical assistance, provisions and supervision did NOT amount to UoF by US
Corfu Channel
Prohibition on UoF
Rejected claim that forceful intervention in territorial waters did not violate A2(4)
Operation Entebbe
Prohibition on UoF
Hijakers - Israeli army entered Uganda and surrounded aircraft - successful rescue operation
Need to be victim of armed attack - I violated the UNC by infringing sovereignty and TI of U
UN Charter 2(4) and 2(7)
All MS shall refrain from the threat or use of force
against the territorial integrity or political independence of another state
Inconsistent with the purposes of the UN
Not authorised the UN to intervene in matters which are within the domestic jurisdiction
Not prejudice the application of Chapter VII - enforcement measures
UN Charter A51
Right of individual or collective SD if armed attack occurs
Oil Platforms
Neither proportionate nor necessary - must not merely be such as tend to protect the essential security interests
SD Against Non State Actors - More open to Accumulation Doctrine
Requirement for proof that state was victim of an armed attack - Use of substantial aggressive force + Attack attributable to opposing party + Other party’s specific intent to strike
Armed Activities on the Territory of the Congo
Pre Emptive SD
A51 did not allow the use of force to protect perceived security threats
SD against Non State Actors - Unclear if it covers terrorism in def of acts of aggression
Caroline Incident
Anticipatory SD
Necessity of SD, instant, overwhelming, leaving no choice of means and no moment for deliberation and involving nothing unreasonable or excessive
Israeli Wall
SD Against Non State Actors
Attributable to another state
ARISWA
4-11 - Attributable
25 - Defence of necessity