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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)
To evaluate the actions of the Republic of Airoterp based on international law regarding the use
of force, we can refer to several key principles:
1. Prohibition of the Use of Force
International law, particularly the United Nations Charter (Article 2(4)), prohibits the use of
force by states against the territorial integrity or political independence of any state. This
principle establishes that states should refrain from using military force to resolve disputes or
intervene in the affairs of other states.
2. Self-Defense
Under Article 51 of the UN Charter, a state has the right to defend itself against armed attack.
However, this right is subject to conditions: the threat must be imminent, and the response must
be proportionate and necessary. Airoterp's claim that Diaprem was a terrorist does not
automatically justify the use of lethal force in another sovereign state's territory, especially if
Diaprem was unarmed at the time.
3. State Sovereignty
The principle of state sovereignty dictates that each state has exclusive rights over its territory
and the conduct of its affairs. The unauthorized entry by Airoterp's forces into Aibmaz violates
Aibmaz's sovereignty and undermines the international legal order.
4. Human Rights Law
International human rights law protects individuals against extrajudicial killings. The use of
force must comply with the principles of necessity and proportionality. The killing of an
unarmed individual raises serious human rights concerns, indicating a potential violation of the
right to life.
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