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LCP4801 Assignment 2 (COMPLETE ANSWRS) Semester 2 2024 ;100 % TRUSTED workings, explanations and solutions R50,49   Add to cart

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LCP4801 Assignment 2 (COMPLETE ANSWRS) Semester 2 2024 ;100 % TRUSTED workings, explanations and solutions

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LCP4801 Assignment 2 (COMPLETE ANSWRS) Semester 2 2024 ;100 % TRUSTED workings, explanations and solutions

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  • July 28, 2024
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  • 2023/2024
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LCP4801
Assignment 2
Semester 2 2024

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,  Book
 International Law

LCP4801 Assignment 2 (COMPLETE ANSWRS) Semester 2 2024 ;100 %
TRUSTED workings, explanations and solutions



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 based on the provided questions and in
reference to authority, we will address each sub-question thoroughly, referencing international
law principles.

1.1 Briefly State the Position of International Law Regarding the Use of Force (6
marks)

Under international law, the use of force by states is primarily governed by the United Nations
Charter. According to Article 2(4) of the UN Charter, all member states are required to refrain
from the threat or use of force against the territorial integrity or political independence of any
state. This principle is a cornerstone of international law, aimed at maintaining international
peace and security.

However, there are exceptions to this general prohibition:

1. 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 has taken
measures necessary to maintain international peace and security.
2. Security Council Authorization: The UN Security Council, under Chapter VII of the
UN Charter, has the authority to determine the existence of any threat to the peace,
breach of the peace, or act of aggression and to take collective action to maintain or
restore international peace and security.

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