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50 Cards in this Set
- Front
- Back
What is Jus in Bello?
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Ruled concerning the conduct of hostilities
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What are the 3 categories of Jus in Bello?
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Human rights laws, law of wars, humanitarian law
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What is the Purpose of Jus in Bello?
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How states and their armed forced OUGHT to treat combatants, civilians, and prisoners during armed conflicts
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How are civilians protected during war? what is the traditional and modern approach?
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-Law of nations historically called on armies to protect civilians
-now conventions specify protections for civilians (HAGUE PEACE CONFERENCE) |
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The 4 Geneva conventions detail protections to who?
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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 |
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How is law of wars different from human rights laws?
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-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 |
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What are human rights laws?
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-Protect physical integrity and human dignity in all circumstances
-apply to relationships of unequal parties -no one deprived of life except by court |
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What is humanitarian law?
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-put an end to ALL armed conflict
-Geneva convention |
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What was the first military code that sought to define precise parameter of permissible conduct during conflict?
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Lieber Code
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What are some key things military lawyers do?
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train, negotiate, enforce, report
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Who in the military is responsible fore violating the law of war?
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both soldiers and commanders
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Nuremberg judgement?
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soldier order to kill is not a defense but may be mitigation, superior is not relieved of criminal responsibility
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At what level is humanitarian law most implemented?
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State level
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Prosecutor v. Tadic?
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fighting various entitles in yugoslavia cease fires but no general conclusion of peace
-humanitarian law applies until general conclusion of peace is reached |
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what is an armed conflict?
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a resort to armed forced between states or between gov authorities and organized armed groups or between groups in the state
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What is belligerency?
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armed conflicts between sovereign states
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what is insurgency?
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armed violence breaking out in a territory of a sovereign state
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Hamdan v. Rumsfeld
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guantanamo detainee had the right to see and hear evidence against him according to international law
-conspricy not recognized by law of war |
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What is an unlawful combatant?
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taking direct part in international armed conflict without being entitled to do so
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What is a lawful combatant?
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enjoy privileges of being protected by a state
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What are the right of a lawful combatant?
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-POW status
-no interrogation -no torture -purpose is to prevent individuals from returning to field of battle -can be tried by military court |
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What is the principle of the law of war in regards to detention?
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detention last no longer than active hostilities
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If you are unsure whether a prisoner is lawful or unlawful?
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POW status
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What is Jus ad Bellum?
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"Just war" What must be though about before one engages in war
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What is a justification of war?
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avenge injuries against an enemy who has neglected to punish citizens or restore what has been unjustly taken by it
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What did Hugo Grotius believe about the just war doctrine?
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humane means and rights ends in the prosecution of war
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What conventions set out the principle that there is no war over contract?
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Hague convention
-also set out size of forces -protection of neutral states |
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Naulillaa Case?
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Misunderstand between portugal and germany killed three Germans
-reprisal or self help |
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what is a reprisal and what is the test?
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self help, momentarily suspending the relations between two states, and inter nation rule
Test -prior act against IL -unsatisfied demand -proportionality |
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Who was the naulilaa arbital tribunal established by?
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treaty of Versailles
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what is retorsion?
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an act that would have been legal even if not taken in response to another states action
-Ex. cut of long standing economic assistance |
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What is the Caroline Dispute?
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British forces attack the caroline ship docked at U.S shore G.G and Canada at war
-self defense case |
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What is self defense?
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Must be NECESSARY
-instant -overwhelming -leaving no choice of mean -no moment for deliberation kind of like heat of the moment in crime law |
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When is unilateral force ok?
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-self defense
-humanitarian intervention -intervention to support self determination |
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Can you send troops to aid against people against Gov.
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Principle of non intervention-generally no but can provide financial assistance or provide arms
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Nicaragua case
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US supposrt nicaraguan rebels by planting mines
-self defense? no Principle of non intervention-should not get directly involved |
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Can you claim anticipatory self defense?
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should tell security council
-if you don't there is time for other strategies |
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What is the purpose of the U.N Charter?
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"to save succeeding generation from scourge of war
to maintain peace and security |
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Who are the permanent member of security council?
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China
france russia U.K U.S |
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Where does U.N get peace keeping authority?
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Chapter VII article 40 "security council may call states to comply with provisional measures
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What did early peacekeeping look like?
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U.N peace keeper station along cease fire lines
-needed consent |
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what does modern peacekeeping look like?
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preventative diplomacy or post conflict peace building
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Certain Expenses case
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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 |
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If the security council id dealing with the same matter should the assembly recommend measures?
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no
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What happens if a member state fails to pay for 2 years?
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no vote
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What is a international enforcement action?
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military actions to restore peace
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What are the uses of U.S and regional organizations?
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consultation
dipomatic support co deployment joint operations |
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North Atlantic Treaty
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regional self defense organization, must be armed attack
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What is NATO
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collectieve defense org
-not under U.N |
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Was the Iraq war legal?
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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
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