International Ethics and Law: Use of Force

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  • Created by: becky.65
  • Created on: 26-11-19 20:56
What is lus ad bellum?
The legal basis for going to war; when can you go to war, when can you declare it, what is the trigger
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What is lus ad bellum regulated by?
The UN Charter
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What is lus in bello?
The legal basis of conduct during war; how individuals are supposed to behave during war, the legal different between fighters and civilians and how to treat prisoners of war
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What is lus in bello regulated by?
International humanitarian law
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What were the historical perspectives of the legal prohibitions of war?
There were very few prohibitions of how states were supposed to behave when they went to war
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What was decided at the Hague Peace Conferences?
War must be declared, determines the rights and duties of belligerents in the conduct of operations and limits the choice of means in doing harm, how once states were in war how they are supposed to behave to each other, gave basic rights to prisoner
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What did the League of Nations do for the legal status of war?
It did not prohibit war but it was an institutional system that reduced war - they wanted states to think more about why they were going to war so they needed to submit their case or have a 3 month cooling off period
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What was the Kellogg-Briand Pact?
Signatories to the treaty agreed to renounce war as an instrument of national policy. However, they could still go to war for self defence and state who didn't sign still had a prerogative to go to war
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What is the purpose of the United Nations?
To save succeeding generations for the scourge of war, which twice in our lifetime had brought untold sorrow to mankind
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Is war legal today?
No as • ‘all members shall refrain in the international relations from the threat or use of force against the territorial integrity or political independence of any state’
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What are the two exceptions of when war is legal?
When the UN Security Council authorises it or if it is for self defence
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When can the Security Council authorise the use of force?
When they feel something is threatening international peace
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What are the force mechanisms that the Security Council can use?
Art. 41 - actions not involving military force or art.42 military force ; usually not physical force
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How did the UNSC use force in the Gulf War?
Placed Iraq under sanctions; resolutions 660, 661, 665 and 668 in a very short space of time with a 34 member coalition. Resulted in the defeat and withdrawal of Iraq
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However, when has the UNSC not acted?
In Somalia, Yugoslavia, Rwanda and Kosovo - they did but sanctions on the countries but did not go in with force so nothing was really resolved
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What is the problem with civil wars for the UNSC?
There can be no UN authorisation as one state isn't attacking another
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What is an example of when other actors aside from the UN can act?
In the Kosovo civil war NATO had to act to protect civilians and ensure stability. This was moral but not legal
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What did the 2001 International Commission on Intervention and State Sovereignty say about the responsibility to protect?
States have the primary responsibility to protect their own community. When they fail the international community has a responsibility to help
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What did the 2005 World Summit say about the responsibility to protect?
The primary responsibility was with the states but there can be collective responsibility if authorised by the UNSC. The UN has the right to intervene in failing states
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What is R2P?
Responsibility to protect
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What are some examples of R2P?
Darfur, Libya and Syria
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What was the problem with UN intervention in Lybia?
They aided rebels to overthrow the regime but this meant Libya fell into an even worse civil war
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What are the collective security measure that can be used against terrorism?
Art.41 is often invoked so the UN can freeze bank accounts of suspects, prosecute terrorist acts and extradite terrorist suspects
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How did the US and the UK claim self-defence against Afghanistan?
The scale of 9/11 was seen as a declaration to strike and as the UNSC resolution 1973 clarified that art.5(1) applied also to non-state actors many joined on the attack
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How are countries justifying legal involvement in Syria?
Russia - Syrian government invited them to get rid of terrorist threat; US - protecting themselves against IS'; Turkey - buffer zone in North Syria for self-defence; Britain illegal involvement but ethical
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Other cards in this set

Card 2

Front

What is lus ad bellum regulated by?

Back

The UN Charter

Card 3

Front

What is lus in bello?

Back

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Card 4

Front

What is lus in bello regulated by?

Back

Preview of the front of card 4

Card 5

Front

What were the historical perspectives of the legal prohibitions of war?

Back

Preview of the front of card 5
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