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LCP4801 Assignment 2 (COMPLETE ANSWERS) Semester 2 2024 - DUE 10 September 2024
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LCP4801 Assignment 2(COMPLETE ANSWERS)
Semester 2 2024 - DUE 10
September 2024
CONTACT: biwottcornelius@gmail.com
, LCP4801 Assignment 2 (COMPLETE ANSWERS)
Semester 2 2024 - DUE 10 September 2024
QUESTION 1 On 3 April 2020, the Republic of Airoterp entered the territory of
the Republic of Aibmaz, without authorisation, and killed Diaprem in his home.
The government of Airoterp claims that Diaprem is a terrorist who had carried
out a series of bombings that killed over 100 people within its territory. From
reports, Diaprem was unarmed when he was shot and killed by members of
the Airoterp special forces. Evaluate the actions of the Republic of Airoterp
based on the questions below with reference to authority. 1.1 Briefly State the
position of international law regarding the use of force. (6)
1.1 Position of International Law Regarding the Use of Force
International law, particularly as outlined in the United Nations Charter, prohibits the use of
force by one state against another except in specific circumstances. The key principles include:
1. Prohibition of Force: Article 2(4) of the UN Charter states that all member states must
refrain from the threat or use of force against the territorial integrity or political
independence of any state.
2. Self-Defense: Article 51 permits the use of force in self-defense against an armed attack.
This right is recognized only if there is an imminent threat and the response is necessary
and proportional.
3. UN Security Council Authorization: Force may be lawfully used if authorized by the
UN Security Council under Chapter VII of the UN Charter to maintain or restore
international peace and security.
4. Humanitarian Intervention: While debated, some argue for a responsibility to protect
(R2P) doctrine that permits intervention in cases of gross human rights violations, though
this lacks universal acceptance and clear legal standing.
5. State Sovereignty: The principle of state sovereignty is fundamental in international law,
emphasizing that states should not interfere in the internal affairs of other states without
legal justification.
6. Accountability for Violations: States that violate these principles may be held
accountable under international law, including through international courts or tribunals.
In the case of the Republic of Airoterp's actions, these principles suggest that unilateral military
action against Diaprem, who was unarmed and within the territory of Aibmaz, raises serious
legal and ethical concerns under international law.
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