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LCP4801 ASSIGNMENT 02 2024
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1. The text must be typed in Arial font, size 12 with single line spacing within the paragraph, and double line spacing after the paragraph. 2. All quotes that are two lines long (or less), must form part of the main text, be placed in quotation marks. Where a quotation is longer than two lin...

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  • July 30, 2024
  • 6
  • 2023/2024
  • Exam (elaborations)
  • Questions & answers

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LCP4801 Assignment 2
2024 (Semester 2)
Questions and answers
100% GURANTEED

, 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)

Position of International Law Regarding the Use of Force

International law generally prohibits the use of force by one state against another, as
stipulated in the United Nations Charter. The primary norms are:

- Article 2(4) of the UN Charter: This article prohibits the use of force or threat of force
against the territorial integrity or political independence of any state.
- Article 51 of the UN Charter: This article provides an exception for self-defense,
allowing the use of force in response to an armed attack, but this is subject to the
principles of necessity and proportionality.


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

Circumstances Under Which a State May Deviate from This Rule

States may deviate from the prohibition on the use of force under the following
circumstances:

- Self-Defense: Under Article 51 of the UN Charter, a state may use force in self-
defense if it is subject to an armed attack. The force used must be necessary and
proportional to the attack.
- UN Security Council Authorization: The UN Security Council may authorize the use
of force to maintain or restore international peace and security, according to Chapter
VII of the UN Charter.

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