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LCP4801 Assignment 2 (COMPLETE ANSWERS) Semester 2 2024 - DUE 10 September 2024 R46,75   Add to cart

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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)

1.1 Position of International Law Regarding the Use of Force

International law primarily governs the use of force through the principles established in the
United Nations Charter and customary international law. Key points include:

1. Prohibition of the Use of Force: Article 2(4) of the UN Charter prohibits the use of
force by states against the territorial integrity or political independence of any state.
2. Self-Defense: Article 51 allows for the use of force in self-defense against an armed
attack. This must be proportional and necessary.
3. Authorization by the UN Security Council: States may use force only if authorized by
the UN Security Council to maintain or restore international peace and security.
4. Humanitarian Intervention: While not universally accepted, some argue for a doctrine
of humanitarian intervention to prevent widespread suffering or atrocities.
5. Non-State Actors: The legality of targeting individuals labeled as terrorists, especially
unarmed ones, is contentious and must align with principles of necessity and
proportionality.
6. Accountability and Due Process: States must adhere to international human rights
standards, ensuring accountability for unlawful killings and respecting due process rights.

In this case, the actions of the Republic of Airoterp may violate these principles if they engaged
in an unauthorized use of force without clear justification.



1.2 Are there circumstances under which a State may deviate from this rule?
(8)

1.2 Circumstances Under Which a State May Deviate from the Prohibition of the
Use of Force

While international law generally prohibits the use of force, there are specific circumstances
where deviation may be permissible:

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