The Question
UESTION 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...
, QUESTION 1
1.1
International law primarily governs the use of force through the Charter of the United
Nations (UN Charter). Key principles include:
Prohibition of Use of Force: Article 2(4) of the UN Charter prohibits the use of force
by states except in cases of self-defense or with the authorization of the UN Security
Council.
Self-Defense: Article 51 permits self-defense if an armed attack occurs against a
member state, but it must be reported to the Security Council and is subject to the
necessity and proportionality principles.
Collective Security: The Security Council has the authority to take measures to
maintain or restore international peace and security, including military actions.
1.2
States may deviate from the prohibition on the use of force in specific, narrowly
defined circumstances:
Self-Defense: A state may use force if it is responding to an armed attack (Article 51
of the UN Charter). The response must be proportional and necessary.
Authorization by the UN Security Council: The Security Cou ncil may authorize the
use of force to maintain or restore international peace and security under Chapter VII
of the UN Charter.
Humanitarian Intervention: Although controversial, some argue that humanitarian
intervention may justify the use of force to prevent mass atrocities, though this lacks
a clear legal basis in the UN Charter.
Consent of the Host State: A state may use force within another state if it has the
latter’s consent (e.g., for counter-terrorism operations).
1.3
To justify its actions, the Republic of Airoterp would need to fit its actions into one of
the exceptions allowed under international law:
Self-Defense: Airoterp would need to prove that the killing of Diaprem was in direct
response to an armed attack. Since Diaprem was reportedly unarmed and within
Aibmaz, this may not satisfy the criteria for self-defense.
UN Security Council Authorization: There is no indication that the UN Security
Council authorized Airoterp’s action, making this justification unlikely.
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