Exam (elaborations)
LCP4801 Assignment 2 Semester 2 2024 - DUE 10 September 2024
- Course
- LCP4801 (LCP4801)
- Institution
- University Of South Africa
LCP4801 Assignment 2 Semester 2 2024 - DUE 10 September 2024 QUESTIONS WITH ANSWERS
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[Date]LCP4801 Assignment
2 Semester 2 2024 -
DUE 10 September
2024
QUESTIONS AND ANSWERS
, LCP4801 Assignment 2 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)
1.2 Are there circumstances under which a State may deviate from this rule? (8)
1.3 Can the Republic of Airoterp justify its actions under any of these
circumstances? (8)
1.4 Does the of Aibmaz have any claim for reparations against the actions of the
Republic of Airoterp? (8) [30]
To evaluate the actions of the Republic of Airoterp, we'll need to explore the
relevant principles of international law regarding the use of force, exceptions to
these principles, and the possible justifications and claims for reparations. Let's
address each question in turn:
1.1 Briefly State the Position of International Law Regarding the Use of Force
Under international law, the use of force by one state against another is generally
prohibited. The main sources of this prohibition include:
• The United Nations Charter: Article 2(4) of the UN Charter prohibits the
threat or use of force against the territorial integrity or political
independence of any state.
• Customary International Law: This principle is widely accepted as a norm
of customary international law.
However, there are exceptions to this general prohibition, which we will explore in
the next section.
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