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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 under the United Nations Charter, generally prohibits the use of
force by states against the territorial integrity or political independence of other states (Article
2(4)). The use of force is only permitted in two main circumstances:
1. Self-Defense: A state may use force in response to an armed attack against it, as outlined
in Article 51 of the UN Charter. This self-defense must be necessary and proportionate to
the threat faced.
2. UN Security Council Authorization: The UN Security Council can authorize the use of
force in response to threats to international peace and security, as outlined in Chapter VII
of the UN Charter.
In the case of the Republic of Airoterp's actions against Diaprem in the Republic of Aibmaz, the
following points are crucial:
Violation of Sovereignty: Entering another state's territory without permission
constitutes a breach of sovereignty, which is prohibited under international law.
Assessment of Threat: If Airoterp claims Diaprem was a terrorist, they would need to
establish that he posed an immediate threat justifying self-defense. However, being
unarmed at the time of his death raises questions about the proportionality and necessity
of the use of force.
Lack of Justification: Unless Airoterp can prove that its actions were in self-defense or
authorized by the UN, they likely violate international law by using force in Aibmaz.
Overall, Airoterp's actions appear to contravene established principles of international law
regarding the use of force.
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