Other
SECOND ASSESSMENT LCP4801 SECOND SEMESTER
- Course
- Institution
PASS GUARANTEED, ACCURATE ANSWERS, 70+ PASS RATE
[Show more]
Seller
Follow
keletsocholo
Reviews received
Content preview
QUESTION 1a) The United Nations Charter essentially governs international law's stance on the
use of force. The Charter's Article 2(4) stipulates that "All Members shall refrain in
their international relations from the threat or use of force against the territorial
integrity or political independence of any state." According to this concept, a state
cannot employ force against another state unless one of the exceptions allowed by
international law applies.
b) There exist specific situations in which a state may depart from the overall ban on
the employment of force. Self-defence, collective security measures approved by the
UN Security Council, and actions carried out with the approval of the state whose
territory the force is being deployed are among these exclusions.
1. Self-defence: States are entitled to the inherent right of self-defence against an
armed attack under Article 51 of the UN Charter. However, using force in self-
defence ought to be justified, appropriate for the situation, and reported to the
Security Council.
2. Collective security measures: In accordance with Chapter VII of the UN Charter,
the Security Council is empowered to approve the use of force in order to preserve
or restore global peace and security. States that threaten or violate international
peace and security may be subject to these actions.
3. Consent of the state:
A. state may authorize the use of force by another state on its territory. This consent
can be explicit, as in the case of military assistance or intervention, or implicit
through acquiescence when a state fails to prevent another state's use of force.
c) With the exception of self-defence, the Republic of Airoterp may try to defend its
acts. It alleges that the terrorist Diaprem, whom they murdered, was in charge of
several attacks inside its borders that claimed the lives of over a hundred people. It
may claim that it was acting in self-defence if the Republic of Airoterp can
demonstrate that these attacks qualified as an armed attack. If the threat was
deemed to be imminent, if all non-lethal options for defence had been exhausted,
and if the use of force was appropriate given the circumstances, they would be the
main factors to take into account in this situation. But it's crucial to remember that
using force in self-defence has to happen instantly and when it's required to stop an
ongoing attack. Reports indicate that Diaprem was unarmed when he was shot and
killed. If it is determined that there was no immediate threat to the Republic of
Airoterp's security at the time of the killing, it could be difficult for the Republic of
Airoterp to justify its actions as self-defence under international law. The Republic of
Airoterp is unable to defend its conduct in accordance with the other force
exclusions. Nothing indicates that the Republic of Aibmaz agreed to the use of force
inside its borders, nor is there any proof that the Security Council approved any
collective security actions.
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller keletsocholo. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $6.82. You're not tied to anything after your purchase.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
64438 documents were sold in the last 30 days
Founded in 2010, the go-to place to buy study notes for 14 years now