PIL - Use of Force

What is Jus ad Bellum?

Jus ad Bellum refers to the right to wage war and the legal principles governing the use of force by states.

What historical doctrine governed the early use of force by states?

The 'Just War Doctrine' governed the early use of force by states.

Who defined Just War in the context of avenging injuries?

St Augustine defined Just War in the context of avenging injuries suffered.

What did St Thomas Aquinas contribute to the Just War Doctrine?

St Thomas Aquinas stated that it was the subjective guilt of the wrongdoer that needed punishment rather than merely the act itself.

What significant change occurred with the rise of European nation-states in the context of Just War?

There was a requirement for serious attempts at peaceful resolution before resorting to the use of force.

How did Grotius redefine the Just War concept?

Grotius redefined Just War in terms of self-defense, property protection, and punishing wrongs suffered by citizens.

What was the impact of positivism on the concept of Just War?

The concept of Just War disappeared with positivism, as states were seen as sovereign and equal.

What was a requirement under the League of Nations regarding disputes?

Members were required to submit disputes to arbitration or judicial settlement before resorting to war.

What treaty supplemented the Covenant of the League of Nations in 1928?

The General Treaty for the Renunciation of War, also known as the Kellog-Briand Pact.

What does Article 2(4) of the UN Charter state?

It states that all members shall refrain from the threat or use of force against the territorial integrity or political independence of any state.

What does the term 'force' include according to the 1970 Declaration on Principles of International Law?

The term 'force' can include military, political, economic, and any other form of coercion.

What are the essential elements of the right of self-defense according to traditional definitions?

1. Armed attack; 2. Necessity; 3. Proportionality.

What does Article 51 of the UN Charter state about self-defense?

Article 51 affirms the inherent right of individual and collective self-defense if an armed attack occurs against a member state.

What was established in the Nicaragua case regarding self-defense?

The Nicaragua case established that self-defense requires an actual armed attack before action can be taken.

What is anticipatory self-defense?

Anticipatory self-defense is the notion that a state may use force to prevent an imminent attack.

Why is anticipatory self-defense considered controversial?

It can lead to abuse and is not widely established in customary international law.

What is the role of the Security Council in actions taken for self-defense?

Measures taken in self-defense must be reported to and do not impair the authority of the Security Council.

What do retorsion and reprisal mean in the context of the Use of Force?

Retorsion refers to lawful unfriendly acts as retaliation, while reprisal refers to illegal acts taken in response to prior illegal actions.

What was the significance of the Corfu Channel Case?

The ICJ ruled against the right of intervention based on the policy of force, establishing limitations on intervention.

What is humanitarian intervention according to international law?

Humanitarian intervention is the use of force to protect human rights in another state, but can be controversial and must be authorized.

What guidelines did the UK propose for humanitarian intervention?

Humanitarian force should be a last resort, proportionate, collective, and designed to halt violence.

What is the definition of collective self-defense?

Collective self-defense allows states to treat an attack against one as an attack against all, established in agreements like NATO.

What was a principle from the Nicaragua Case regarding collective self-defense?

States must declare being a victim of armed attack and request assistance to exercise the right of collective self-defense.

What challenge arises with the concept of hot pursuit in international law?

Hot pursuit challenges whether a state can cross borders to confront threats from another state without permission.

What is the key question regarding use of force against terrorism?

Can force be justified against states sponsoring terrorism if such actions are framed as self-defense?

How did the events following 9/11 reshape the concept of self-defense?

Post-9/11, it was accepted that terrorist attacks by non-state actors could justify self-defense responses against state sponsors.

What assertion has the US made regarding self-defense against perceived threats?

The US claimed to have the right to pre-emptively attack nations it identifies as threats, like Iran and Iraq.