International Law and the Use of Force Flashcards

Flashcards covering key concepts from lecture notes on international law, the UN Charter, International Humanitarian Law (IHL), the Geneva and Hague Conventions, and legal frameworks governing cyber operations.

What does Article 2(4) of the UN Charter mandate regarding the use of force?

It requires states to refrain from the threat or use of force against the territorial integrity or political independence of any state.

Which 1986 ICJ ruling addressed military activities between Nicaragua and the United States?

Military & Paramilitary Activities in and against Nicaragua (Nicaragua v. The United States of America) ICJ Rep 1986.

Which 2005 ICJ ruling concerned armed activities between the Democratic Republic of the Congo and Uganda?

Armed Activities on the Territory of the Congo (Democratic Republic of the Congo v. Uganda) ICJ Rep. 2005.

What 1837 incident serves as the traditional legal foundation for self-defence in international law?

The Caroline case (29 Brit & For St. Papers), originating from a dispute between the British Government and the U.S. Secretary of State regarding the destruction of an American vessel in an American port by British subjects.

Which UN Security Council Resolution, adopted under Chapter VII on 28 September 2001, addressed self-defence against non-state actors?

Resolution 1373.

What is the main aim of International Humanitarian Law (IHL)?

To limit the detrimental effects of warfare by providing protection to those who do not take part or no longer take an active part in hostilities, and defining rules of conduct for methods and means of warfare.

What are the three main principles of International Humanitarian Law (IHL)?

1) Proportionality, 2) Necessity, and 3) Distinction.

What grave violation of IHL occurring in former Yugoslavia in July 1995 amounted to genocide?

The ethnic cleansing in Srebrenica, where over 8000 men of Bosnian Muslim origin were killed by the Army of Republika Srpska under the command of General Ratko Mladić.

Which two groups receive special protection under International Humanitarian Law (IHL)?

Women and children.

Which UN Security Council Resolutions specifically condemned sexual violence as a weapon at an international level?

Resolution 1325 of 31 October 2000 and Resolution 1820 of 19 June 2008.

Under Article 51 of the UN Charter, what triggers the right to self-defence and when must temporary action stop?

The right is triggered only if a real armed attack happens, and self-defence stops once the Security Council takes measures to keep peace. Nations must report actions immediately to the Security Council.

How many member states currently belong to the United Nations, and which state was the most recent to join?

There are 193 member states, and South Sudan was the most recent to join in 2011.

How many original countries formed the UN in 1945, and which entity/states serve as non-member observer states?

51 original countries formed the UN in 1945. The observer states are the Holy See (Vatican City) and the State of Palestine.

Why are Taiwan, Kosovo, and Western Sahara not UN member states?

Due to varying political recognition and stalled diplomatic status.

How does Thailand's dualist legal system incorporate UN treaties into domestic law?

Signing a UN treaty does not automatically make it local law; Parliament must pass a domestic "Enabling Act" to integrate international obligations into the Thai legal framework.

What does Article 8 of the Thai Constitution dictate regarding international relations?

It dictates that the State shall promote friendly relations with other nations and maintain cooperation with international organizations based on reciprocity.

What primary focus distinguishes The Hague Conventions (1899 & 1907)?

Means and methods of warfare—specifically how armies are allowed to fight and what weapons they are allowed to use.

What is the Martens Clause, introduced in the 1899 Hague preamble?

A legal safety net stating that even in cases not covered by specific treaty law, civilians and combatants remain protected by principles of humanity and dictates of public conscience.

What four treaties were established by the 1949 Geneva Conventions following WWII?

1) Wounded & Sick Armed Forces on Land, 2) Wounded, Sick, & Shipwrecked Forces at Sea, 3) Prisoners of War (POW), and 4) Protection of Civilian Persons in Time of War.

What is Common Article 3 of the 1949 Geneva Conventions and what is its role?

It is known as the "Mini-Convention" (identical in all 4 conventions) and extends baseline humanitarian protections to Non-International Armed Conflicts (NIAC) such as civil wars, insurgencies, or internal rebellions.

Under International Humanitarian Law, when is a cyber-attack legally considered an "attack"?

Through the doctrine of functional equivalence, a cyber-attack is legally an "attack" if its effects or consequences mirror those of a kinetic strike (meeting the threshold of harm, such as physical destruction or death).

What is The Tallinn Manual?

It is the world's most influential academic study on how international law applies to cyber warfare and operations. It is not a legally binding treaty and was not drafted by states, but is a scholarly restatement of law written by an International Group of Experts.