Exam (elaborations)
LCP4801 Assignment 2 (COMPLETE ANSWERS) Semester 2 2024 - DUE 10 September 2024
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- International Law (LCP4801)
- Institution
- University Of South Africa
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LCP4801Assignment 2
(COMPLETE
ANSWERS)
Semester 2
2024 - DUE 10
September
2024
,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) 1.2 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]
Evaluation of the Actions of the Republic of
Airoterp
1.1 Position of International Law Regarding the Use
of Force
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, Under international law, particularly the United Nations
Charter, the use of force by a State is generally
prohibited except in specific circumstances:
1. Self-Defense: Article 51 of the UN Charter allows
a State to use force in self-defense if an armed
attack occurs against it.
2. UN Security Council Authorization: Article 42
permits the Security Council to authorize the use of
force in cases where it determines that a threat to
peace exists and measures short of force would be
insufficient.
This prohibition is grounded in the principle of state
sovereignty and the need to prevent the escalation of
conflicts. Unilateral use of force outside these
provisions is considered a violation of international law.
1.2 Circumstances Under Which a State May
Deviate from This Rule
There are specific exceptions under international law
where a State may use force, deviating from the
general prohibition:
1. Self-Defense: As mentioned, a State can use
force in response to an armed attack. The use of
force must be proportional and necessary to the
threat faced.
For assistance with assignments whatsapp +254702715801
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