Exam (elaborations)
LCP4801 Assignment 2 Semester 2 2024 - DUE 10 September 2024
- Course
- LCP4801 (LCP4801)
- Institution
- University Of South Africa (Unisa)
LCP4801 Assignment 2 Semester 2 2024 - DUE 10 September 2024 QUESTIONS WITH ANSWERS
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LCP4801Assignment 2
Semester 2 2024
- DUE 10
September 2024
QUESTIONS WITH ANSWERS
[School]
[Course title]
, 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 Briefly State the position of international law regarding the use of force (6
marks)
International law, particularly under the United Nations Charter, generally
prohibits the use of force against the territorial integrity or political independence
of any state. This is outlined in Article 2(4) of the UN Charter, which states 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. There are,
however, exceptions to this rule, such as:
• Self-defense: Under Article 51 of the UN Charter, states have an inherent
right to self-defense if an armed attack occurs against them until the Security
Council takes measures to maintain international peace and security.
• UN Security Council Authorization: The UN Security Council can
authorize the use of force to maintain or restore international peace and
security under Chapter VII of the UN Charter.
1.2 Are there circumstances under which a State may deviate from this rule?
(8 marks)
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