International Law (Use Of Force)

Front 1

What is Jus in Bello?

Back 1

Ruled concerning the conduct of hostilities

Front 2

What are the 3 categories of Jus in Bello?

Back 2

Human rights laws, law of wars, humanitarian law

Front 3

What is the Purpose of Jus in Bello?

Back 3

How states and their armed forced OUGHT to treat combatants, civilians, and prisoners during armed conflicts

Front 4

How are civilians protected during war? what is the traditional and modern approach?

Back 4

-Law of nations historically called on armies to protect civilians
-now conventions specify protections for civilians
(HAGUE PEACE CONFERENCE)

Front 5

The 4 Geneva conventions detail protections to who?

Back 5

wounded and sick in armed forces in the field
wounded sick ship wrecked members at sea
prisoners of war
civilians in times of war or armed conflict

Front 6

How is law of wars different from human rights laws?

Back 6

-law of wars tolerates killing of civilians
-allows deprivations of persons freedom without convictions
-looks down upon unnecessary suffering
-"les specialis special time where rules of international law are displaced

Front 7

What are human rights laws?

Back 7

-Protect physical integrity and human dignity in all circumstances
-apply to relationships of unequal parties
-no one deprived of life except by court

Front 8

What is humanitarian law?

Back 8

-put an end to ALL armed conflict
-Geneva convention

Front 9

What was the first military code that sought to define precise parameter of permissible conduct during conflict?

Back 9

Lieber Code

Front 10

What are some key things military lawyers do?

Back 10

train, negotiate, enforce, report

Front 11

Who in the military is responsible fore violating the law of war?

Back 11

both soldiers and commanders

Front 12

Nuremberg judgement?

Back 12

soldier order to kill is not a defense but may be mitigation, superior is not relieved of criminal responsibility

Front 13

At what level is humanitarian law most implemented?

Back 13

State level

Front 14

Prosecutor v. Tadic?

Back 14

fighting various entitles in yugoslavia cease fires but no general conclusion of peace
-humanitarian law applies until general conclusion of peace is reached

Front 15

what is an armed conflict?

Back 15

a resort to armed forced between states or between gov authorities and organized armed groups or between groups in the state

Front 16

What is belligerency?

Back 16

armed conflicts between sovereign states

Front 17

what is insurgency?

Back 17

armed violence breaking out in a territory of a sovereign state

Front 18

Hamdan v. Rumsfeld

Back 18

guantanamo detainee had the right to see and hear evidence against him according to international law
-conspricy not recognized by law of war

Front 19

What is an unlawful combatant?

Back 19

taking direct part in international armed conflict without being entitled to do so

Front 20

What is a lawful combatant?

Back 20

enjoy privileges of being protected by a state

Front 21

What are the right of a lawful combatant?

Back 21

-POW status
-no interrogation
-no torture
-purpose is to prevent individuals from returning to field of battle
-can be tried by military court

Front 22

What is the principle of the law of war in regards to detention?

Back 22

detention last no longer than active hostilities

Front 23

If you are unsure whether a prisoner is lawful or unlawful?

Back 23

POW status

Front 24

What is Jus ad Bellum?

Back 24

"Just war" What must be though about before one engages in war

Front 25

What is a justification of war?

Back 25

avenge injuries against an enemy who has neglected to punish citizens or restore what has been unjustly taken by it

Front 26

What did Hugo Grotius believe about the just war doctrine?

Back 26

humane means and rights ends in the prosecution of war

Front 27

What conventions set out the principle that there is no war over contract?

Back 27

Hague convention
-also set out size of forces
-protection of neutral states

Front 28

Naulillaa Case?

Back 28

Misunderstand between portugal and germany killed three Germans
-reprisal or self help

Front 29

what is a reprisal and what is the test?

Back 29

self help, momentarily suspending the relations between two states, and inter nation rule

Test
-prior act against IL
-unsatisfied demand
-proportionality

Front 30

Who was the naulilaa arbital tribunal established by?

Back 30

treaty of Versailles

Front 31

what is retorsion?

Back 31

an act that would have been legal even if not taken in response to another states action
-Ex. cut of long standing economic assistance

Front 32

What is the Caroline Dispute?

Back 32

British forces attack the caroline ship docked at U.S shore G.G and Canada at war
-self defense case

Front 33

What is self defense?

Back 33

Must be NECESSARY
-instant
-overwhelming
-leaving no choice of mean
-no moment for deliberation
kind of like heat of the moment in crime law

Front 34

When is unilateral force ok?

Back 34

-self defense
-humanitarian intervention
-intervention to support self determination

Front 35

Can you send troops to aid against people against Gov.

Back 35

Principle of non intervention-generally no but can provide financial assistance or provide arms

Front 36

Nicaragua case

Back 36

US supposrt nicaraguan rebels by planting mines
-self defense? no Principle of non intervention-should not get directly involved

Front 37

Can you claim anticipatory self defense?

Back 37

should tell security council
-if you don't there is time for other strategies

Front 38

What is the purpose of the U.N Charter?

Back 38

"to save succeeding generation from scourge of war
to maintain peace and security

Front 39

Who are the permanent member of security council?

Back 39

China
france
russia
U.K
U.S

Front 40

Where does U.N get peace keeping authority?

Back 40

Chapter VII article 40 "security council may call states to comply with provisional measures

Front 41

What did early peacekeeping look like?

Back 41

U.N peace keeper station along cease fire lines
-needed consent

Front 42

what does modern peacekeeping look like?

Back 42

preventative diplomacy or post conflict peace building

Front 43

Certain Expenses case

Back 43

U.N spent money of Congo and middle east proper use of money? Yes can do what it must for peace and secruity, respect for human rights
-advisory opinion

Front 44

If the security council id dealing with the same matter should the assembly recommend measures?

Back 44

no

Front 45

What happens if a member state fails to pay for 2 years?

Back 45

no vote

Front 46

What is a international enforcement action?

Back 46

military actions to restore peace

Front 47

What are the uses of U.S and regional organizations?

Back 47

consultation
dipomatic support
co deployment
joint operations

Front 48

North Atlantic Treaty

Back 48

regional self defense organization, must be armed attack

Front 49

What is NATO

Back 49

collectieve defense org
-not under U.N

Front 50

Was the Iraq war legal?

Back 50

should have gotten consent from security consul but U.S has a weak argument that they could act because Iraq was in violation of the cease fire