Week 2

Question 1

jus ad bellum

Answer 1

Law on the use of force

Question 2

Jus in bello

Answer 2

Law of armed conflict

Question 3

3 conditions lawful exercise of self-defence

Answer 3

1) armed attack
2) necessity & proportionality
3) report to security council

Question 4

Criteria lawful exercise of collective self-defence (3)

Answer 4

1) victim state entitled to exercise own individual right to self-defence
2) victim state declares itself to be a victim
3) victim state has to request assistance

Question 5

Jus cogens

Answer 5

Dwingend recht (geldt ook voor staat die er niet expliciet mee heeft ingestemd)

Question 6

Force

Answer 6

every threat or use of armed force

Question 7

Direct force

Answer 7

Regular forces of the state, regular military

Question 8

Indirect force

Answer 8

States use of private individuals, or states participation in use of force by another state (rebel groups)

Question 9

2 exceptions to use of armed force

Answer 9

• self-defence
• SC authorized enforcement actions

Question 10

Anticipatory self-defence (2)

Answer 10

threat has to be:
- imminent
- immediate

Question 11

Who can participate in hostilities?

Answer 11

(lawful) combatants
- regular armed forces
- irregular, lawful combatants

Question 12

Irregular lawful combatants (5)

Answer 12

• party to conflict
• under responsible command
• distinctive sign
• carry arms openly
• conduct their operations in accordance with Law of Armed Conflict

Question 13

What is a legitimate target?

Answer 13

• principle of distinction = combatants + military objects
• principle of proportionality