Use of force

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  • Created by: Katie
  • Created on: 26-03-18 12:17
Article 2(4) UN Charter
'All members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any State, or in any other manner inconsistent with the Purposes of the United Nations'
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Article 1 GA Resolution 29/3314 (1974)
'Aggression is the use of armed force'
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Art 2 1974 Resolution
Presumption of aggression against State proven to have been the first to use armed force'
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Legality of the Threat or Use of Nuclear Weapons Opinion 1996
'The notions of "threat" and "use" of force... stand together in the sense that if the use of force in a given case is illegal... the threat to use such force will likewise be illegal.'
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Article 51 UN Charter
'Nothing in the present Charter shall impair the inherent right of individual or collective self-defense if an armed attack occurs against a Member of the United Nations'
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The Caroline Incident
UK destroyed US ship which was supplying repels in Canada. US Sec of State acknowledged 'a mecessity of self defence, instant, overwhelming, leaving no choice of means and no moment for deliberation [and involving] nothing unreasonable or excessive'
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Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory Opinion 2004
'recognizes the existence of an inherent right of self-defense in the case of an armed attack by one State against another State'
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Congo v Uganda 2005
Can be attacks by NSA in absence of effective govt authority but attacking State only justified if acts attributable to that State
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Invasion of Kuwait- UNSC
'[The] annexation of Kuwait by Iraq under any form and whatever pretext has no legal validity, and is considered null and void'
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2(7) UN Charter
UN won't interfere in domestic jurisdiction
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Other cards in this set

Card 2

Front

'Aggression is the use of armed force'

Back

Article 1 GA Resolution 29/3314 (1974)

Card 3

Front

Presumption of aggression against State proven to have been the first to use armed force'

Back

Preview of the back of card 3

Card 4

Front

'The notions of "threat" and "use" of force... stand together in the sense that if the use of force in a given case is illegal... the threat to use such force will likewise be illegal.'

Back

Preview of the back of card 4

Card 5

Front

'Nothing in the present Charter shall impair the inherent right of individual or collective self-defense if an armed attack occurs against a Member of the United Nations'

Back

Preview of the back of card 5
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