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 COMPLETE 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]
1.1 Position of International Law Regarding the Use of Force (6 marks)
International law, particularly the United Nations Charter, governs the use
of force by states. The primary rules are as follows:
1. Prohibition of the Use of Force: Article 2(4) of the UN Charter
prohibits the threat or use of force against the territorial integrity or
political independence of any state.
2. Self-Defense: Article 51 of the UN Charter allows for the use of force
in self-defense if an armed attack occurs against a Member State,
until the Security Council takes measures to maintain international
peace and security.
3. Security Council Authorization: Under Chapter VII of the UN
Charter, the Security Council may authorize the use of force to
maintain or restore international peace and security.
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