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3 pages take home exam for my political science class. the subject of the class is international law. There are short answers and one essay question. I attached the exam also some class slides that should be helpful and can get the information from there.
chpt_16_role_of_the_un.pptx

chpt_18_unilateral_resort_to_force.pptx

chpt_19_the_protection_of_human_rights.pptx

chpt_20_legal_restraints_on_violence_in_armed_conflict.pptx

chpt_21_repression_of_international_crimes.pptx

chpt_18_unilateral_resort_to_force.pptx

chpt_19_the_protection_of_human_rights.pptx

chpt_20_legal_restraints_on_violence_in_armed_conflict.pptx

chpt_21_repression_of_international_crimes.pptx

il_final_exam_newest_version.docx

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The Role of the UN
Chpt 16 Cassese
 What organization existed prior to WWII that was entrusted with
ensuring collective security and peace b/w States?
 League of Nations
16.1 The Grand
Design of the
Post-Second
World War
Period
 The US, FDR, proposed 4 main points for the new organization?
 1) resort to military force must be banned
 2) traditional military and political alliances removed, universal
organization set up by peace-loving nations
 3) major role of peacekeeping to be given to Axis Powers –world
policemen
 4) economic social cooperation—to forestall future conflict
 5) colonial empires to be dismantled –gradually
 Why?—
 ideological reasons of self-determination, political reasons advert
future conflict, economic reasons-colonial economies distort free
trade
 What design did the British, Churchill, propose for the new
organization? Pg 318
16.1 The Grand
Design of the
Post-Second
World War
Period
 Similar in banning force and promoting economic and social
cooperation
 1) world security could be safeguarded by regional councils under
a world council
 2) maintenance of colonial empires or gradual independence
 What was the Soviet Union’s main contribution to the UN?
 Veto Power in the Security Council to the Great Powers
 ‘he would never agree to having any action of any of the Great
Powers submitted to the judgment of the small powers’
 According to Cassese the founding fathers believed the UN would
serve several fundamental purposes. What are these?
 1) Article 1.1 maintain peace and security
16.2 Goals and
Structure of
the New
Organization
 2) Article 1.1 bring about peaceful means the settlement of
international disputes which might lead to a breach peace
 3) Article 1.2 develop friendly relations based upon principle of
equal rights and self-determination of people
 4) Articles 1.3 & 55 foster economic and social cooperation
 5) Articles 1.3 & 55 promote respect for human rights and
fundamental freedoms for all persons
 6) Article 11.1 promote disarmament and regulation of armaments
 7) Preamble and 13.1.b respect international law and encourage
development and codification of IL
 What was the main institutional structure created for the UN?
 Security Council
16.2 Goals and
Structure of
the New
Organization
 General Assembly
 Secretariat
 What are the 3 other main organs created to fulfill specialized
functions?
 Economic and Social Council (ECOSOC)
 Trusteeship Council
 International Court of Justice (ICJ, aka World Court)
 General Assembly
 each member has one vote
16.2 Goals and
Structure of
the New
Organization
 Meets for one month each fall
 193 members
 Resolutions are not legally binding—but can create documents that
could be codified into treaties
 Establish subsidiary organs, vote on Secretariat and ICJ
 Security Council
 15 members,
 five of whom are permanent members having full veto of Security
Council action
 P5-US, UK, France, Russia, China
 Issues of peace and security
 Was to have a Military Staff Committee
 Secretariat
 handles day to day functions of UN
UN General
Assembly
UN Security
Council
16.2 Goals and
Structure of
the New
Organization
 Where does the Secretariat sit in the
organization?
 Top–executive
 Purpose?
 Provide leadership, day to day
business of UN
 Who selects the Secretary General?
 GA—upon recommendation of the
SC
 Antonio Manuel de Oliveira Guterres
 Who are the 5-P?
 5 permanent members–China, France, Russia, the
United Kingdom and the United States (WWII Victors)
Security
Council
Members
 10 non-permanent members
 Gain seat by General Assembly vote
 2 year term
 Problem?
 These nations were the post WWII world powers, are they
still?
 Should the Security Council be adjusted to reflect the
changing international environment? How could this be
done?
UN Funding
Financed from
voluntary
contributions of
member states
GA approves the
budget and
determines the
assessment for
each member
Chart % funding
of UN
Broadly based
on gross
national income
United States
Japan
Germany
France
United Kingdom
China
Italy
Canada
Spain
Brazil
Russia
Australia
South Korea
Mexico
Netherlands
Turkey
Switzerland
Other member states
22.000
10.833
7.141
5.593
5.179
5.148
4.448
2.984
2.973
2.934
2.438
2.074
1.994
1.842
1.654
1.328
1.047
UN Wiki
United Nations: It’s Your World
 16.3.2 Maintenance of Peace and Security
 According to the UN Charter when can States use
force?
 Article 51 In Self defense
16.3 Principal
Achievements
and Failures of
the UN
 What powers are vested in the Security Council to
handle disruptions of peace?
 Chpt VII SC broad powers of forcible intervention any
time under Article 39 a breach of peace or act of
aggression was determined
 Article 41 authorizes SC decides on measures not
involving armed force
 Article 42 SC use of armed action against the aggressor
or the State threatening the peace
16.3 Principal
Achievements
and Failures of
the UN
 What kind of limitations are put on the right of selfdefense in Article 51? Pg 324
 Use of force in order to repel an ‘armed attack’
 Subject to procedural requirements, the SC must be
informed immediately of armed self-defense
 What are some of the deficiencies of the collective
security system? (4 listed pgs 324-325)
 1) Collective Security rested on the collective
agreement of the P5
16.3 Principal
Achievements
and Failures of
the UN
 Veto paralysis, US original intention
 Does the UNSC have an army at its disposal?
 2)No, one never really formed
 3) Force in ‘international relations’ Article 2.4 was only
banned, which allowed internal violence to continue
 4) supported a concept of ‘negative peace’ or absence
of war, rather than positive peace—working on
injustice
 What occurred as a result of the failures of collective
security?
16.3 Principal
Achievements
and Failures of
the UN
 Balance of power politics, alliances in the form of
NATO and Warsaw Pact divided/controlled the world
 Trend of States increasing use of ‘self-defense’ to cloak
aggression—without fear of decisive action from the
UNSC
 Establishment of Peacekeeping forces/operations
instead of enforcement of peace
 16.3.3 Promotion of the Peaceful Settlement of Disputes Likely to
Endanger Peace
 What does the UN Charter require regarding disputes that
endanger peace? Pg 327 top
16.3 Principal
Achievements
and Failures of
the UN
 1) Article 33.1 each party to the dispute has the obligation to seek
a solution ‘by negotiation, enquiry, mediation, conciliation,
arbitration, judicial settlement, resort to regional agencies or
arrangements, or other peaceful means of their choice’
 2) Article 35 any State is authorized to bring attention to possible
disturbances to the GA or SC
 3) Article 33.2 if no one brings attention to dispute, SC called upon
parties to settle dispute peacefully
 4) Article 34 SC can investigate any situation
 5) Articles 36.1 and 37.2 SC can recommend procedures or
methods of settlement
 16.3.4 Self-Determination of Peoples
 Has the UN been successful in this regard? (Bringing a peaceful
end to colonialism)
16.3 Principal
Achievements
and Failures of
the UN
 Yes
 How was colonialism handled by the UN Charter?
 Article 1.1 and 55 reference of self-determination of peoples
 Trusteeship Council—colonial empires help colonies develop selfgovernment, build free political institutions Article 76b
 2 classes of colonies: non-self governing territories and trust
territories
 Article 73 ‘Declaration regarding non-self-governing territories’
not under the authority of the Trusteeship the colonial power
would submit reports to the Secretary General
 Took a matter of 3 decades (1945-1975) to substantially bring
down colonialism
16.3 Principal
Achievements
and Failures of
the UN
 What factors aided decolonization?
 1) Strong push by the USSR to fight colonialism
 2) increasing lukewarm support of US to its colonial allies
 3) insistence of colonial peoples ‘right to independence
 4) costs of maintaining colonies
 5) rise of anti-colonial parties in empires
 16.3.5
 What is ECOSOC? What is its purpose?
16.3 Principal
Achievements
and Failures of
the UN
 link
 Economic and Social Council
 Articles 55 and 62
 Prepare studies, reports, draft conventions
 Bring about economic and social progress amongst States
 Promoted Human Rights
 Development of many cooperative organizations:
 FAO, WHO, IFAD, UNCTAD, UNDP, UNEP, UNICEF
 16.3.6 Human Rights
16.3 Principal
Achievements
and Failures of
the UN
 Tepid and Cautious in this area
 Article 55c Organization would promote universal respect for
human rights
 Article 13.1 GA should initiate studies and recommendations for
realizing human rights and fundamental freedoms
 1948 Create Universal Declaration on Human Rights—not legally
binding but has moral authority
The Universal Declaration of Human
Rights
30 Articles
UN Universal
Declaration of
Human Rights
“Whereas Member States have pledged
themselves to achieve, in co-operation
with the United Nations, the promotion
of universal respect for and observance
of human rights and fundamental
freedoms,”
 “Someone once asked me what I regarded as the
three most important requirements for happiness.
My answer was: A feeling that you have been honest
with yourself and those around you; a feeling that you
have done the best you could in your personal life and
in your work; and the ability to love others.”
 Eleanor Roosevelt
Chaired the UN
Commission on
Human Rights
 16.3.7 Disarmament
 Lowest point of the Charter
16.3 Principal
Achievements
and Failures of
the UN
 Article 11.1 GA principles governing disarmament and the
regulation of armaments
 GA make recommendations
 One area of accomplishment
 1968 Treaty on the Non-Proliferation of Nuclear Weapons
 IAEA maintenance
16.3 Principal
Achievements
and Failures of
the UN
 16.3.6 International Law
Unilateral Resort to
Force by States
Cassese Chpt 18
18.2 Individual Self-Defense
• Do States have the right to use force for Individual Self-Defense?
• Yes
• It is the lawful reaction to an ‘armed attack’
• What is an ‘armed attack’?
• Aggression against the territorial integrity and political independence
of a State that imperils its life or govt
• Less grave forms of the use of force may not be considered ‘armed
attack’
• What document gives this right to States?
• UN Charter, Article 51
18.2 Individual Self-Defense
• What are the restrictions on Self-Defense?
• Necessity and Proportionality
• Necessity:
• Force is necessary to protect the State
• Proportionality:
• Limit to rejecting the ‘armed attack’, must not go beyond this purpose
• Requires measures be proportional to the armed attack
18.2 Individual Self-Defense
• Further restrictions on Self-Defense? Nicaragua; Oil Platforms
(merits); Legality of the Threat of or Use of Nuclear Weapons
• 1) must be necessary and force must be proportional
• 2) may only attack ‘legitimate military targets’
• 3) State that was subject to ‘armed attack’ may not occupy the
aggressor State’s territory, unless required to prevent continuing
aggression
• 4) Self-defense ends when SC steps in to handle situation effectively
• 5) Self-defense must end when its purpose has been achieved,
repelling the armed attack
18.2.2 The Question of Ascertaining Facts
• Historically, this right has been abused, especially by the great powers
• Possible bc of the lack of international mechanisms capable of timely
and objective fact finding
• States often ‘adjust’ the facts to support their use of force for
defensive purposes
• They can either monopolize control over the facts
• Organize the facts
• If the matter is sent to the ICJ, burden of proof rests upon States who
seek to justify use of force as Self-Defence
18.2.3 Is Anticipatory Self-Defense Admissible?
• Unclear, some argue it should be allowed
• What is the rationale behind ‘anticipatory’ self-defense?
• In an era of missiles and nuclear weapons it is naïve to contend States
must wait to be attacked to act
• Others argue
• UN Charter and Customary Law
• Grants right to self-defense and self-preservation
• Only for reasons discussed previously—have been attacked, or are about to
be attacked—leaving not time or room for diplomacy
• MOST states believed this should not be allowed
18.2.3 Is Anticipatory Self-Defense Admissible?




What about US 2003 war with Iraq?
French President rejected doctrine of pre-emptive military action
Contrary to UN Charter and Dangerous
“As soon as one nation claims the right to take preventive action, other
countries will naturally do the same….What would you say in the entirely
hypothetical event that China wanted to take pre-emptive action against
Taiwan, saying Taiwan was a threat to it? How would Americans, the
Europeans and others react? Or what if India decided to take preventative
action against Pakistan, or vice versa?”
• US did not formally invoke Article 51 of UN Charter in 2003 Iraq War
• Instead argued it was enforcing UNSC 1441 and previous SC resolutions
18.2.4 Could Agreement be reached on a rule
legitimizing Anticipatory Self-Defense?
• States could agree to a resolution in the UN, which would require unanimous support in
the GA and the P5 of the SC
• What would it look like? How would anticipatory Self-defense be justified?
• 1) State must have available compelling evidence that another State or Terrorist group is
about to unleash an armed attack
• 2) necessity: attack is not only imminent, but massive (seriously jeopardizes population,
survival of the State)
• 3) proportional: self-defense must not be out of proportion to the aims of the armed
attack
• 4) self-defense must only forestall the attack, cannot pursue other goals
• 5) State using self-defense must immediately report to the UN SC
• 6) State must accept UN SC subsequent political assessment
• 7) If Self-defense was not approved by conciliatory or arbitral body, must be ready to pay
compensation
18.3 Self-Defense Against Armed Infiltration
and Indirect Aggression and 18.3.1
• Increasingly military aggression takes the form of gradual infiltration of
armed forces and groups of volunteers supported by a foreign government
into the territory of another State.
• Or organizes, assists, foments, finances, incites others
• Does IL allow extend right of self-defense in reaction to invasion through
infiltration of troops and/or indirect armed aggression?
• ICJ in Nicaragua
• YES
• Self-defense is justifiable against armed attacks made by armed bands,
groups, irregulars, or mercenaries sent by or on behalf of a State or a
terrorist organization…and such a gravity as to amount to an armed attack
conducted by foreign forces.
18.3 Self-Defense Against Armed Infiltration
and Indirect Aggression and 18.3.2
• Indirect Aggression: State organizes, assists, foments, finances, incites
others, allows terrorist activity against another State
• Does IL allow extend right of self-defense in reaction to indirect
aggression?
• ICJ in Nicaragua
• NO
• Training or providing economic or military or logistical or other assistance
to rebels fighting against the central authorities in another country may be
regarded as a threat or use of fore or as an intervention in the internal
affairs of another State—-however it does not amount to an armed attack
• Unless the provisions of significant military support to an insurgency is
major and demonstrable
18.3.2 ‘indirect aggression’
• State practice shows that right to self-defense against a State
supporting insurgency or terrorism depends on





The level of support
Evidence of support
Evaluation of the evidence by the ICJ or other UN organ
Proportionality of response
Legality of the means used to respond
18.4 Collective Self-Defense




Principle of UN
Article 51 right of collective security
Details on Collective Security
Who can request ‘collective self-defense’ and who can authorize ‘collective
self-defense’?
• Must be invoked by request or consent of the victimized State
• Approved by the UN SC
• Invoked on few occasions
• US in Vietnam, Nicaragua
• USSR in Czechoslovakia, Afghanistan
• Kuwait on Iraq
18.5 Forcible Protection of Nationals Abroad
• Instances where States use force to protect their nationals abroad
• With consent of the other State
• Without the consent of the other State
• Most cases come from Western States in Developing Nations
• Western States invoke Article 51, view action as lawful
• Due to?
• Breakdown in the territorial system of public order
• Inability of local govt to prevent perpetration of unlawful acts against
foreigners
18.5 Forcible Protection of Nationals Abroad
• To justify forcible protection of national abroad lawfully Cassese
states that these things should be satisfied?
• 1) Great danger to lives of Nationals abroad
• 2) There exists no peaceful means of saving their lives
• 3) Armed force is used for the purpose of saving or rescuing nationals
• 4) Force employed is proportionate to danger/threa
• 5) As soon as nationals have been rescued force is discontinued
• 6) State immediately reports use of force to SC and justifies actions
18.6 Armed Intervention with the Consent of
the Territorial State
• According to the UN Charter use of force can come through collective
security when authorized by the SC or in Self-Defense.
• Does the UN Charter give the exception to use force when a State
consents to the assistance of other States?
• Theoretically yes
• By explicit consent a State may authorize the use of force on its
territory whenever it resorts to individual self-defense and it
authorizes ‘collective self-defense’
18.7 Armed Reprisals Against Unlawful SmallScale Use of Force
• Are Armed Reprisals Against Unlawful Small-Scale Use of Force
allowed?
• Possibly if:
• It is ‘on the spot’ reaction to another State’s small scale use of force
• And if it fulfills necessity and proportionality, and immediacy
18.8 Is Resort to Force to Stop Atrocities
Abroad Legally Admissible?
• Is resort to Force to Stop Atrocities Abroad Legally Admissible?
• UN Charter values protection of peace AND human rights
• However, it values protection of the Peace above Human Rights
• Does NOT authorize individual States to use force against other States
with the view to stop atrocities
• Breaches of peace for human rights is only allowed when the SC
authorizes force, bc they believe it is justified
18.9 May Racial Groups and Peoples Resort to Force
When Self-Determination is Forcibly Denied?
• May Racial Groups and Peoples Resort to Force When SelfDetermination is Forcibly Denied?
• Another exception to the use of force
• National Liberation Movement
• When people subjected to colonial domination or foreign occupation,
as well as racial groups not represented in government, are forcibly
denied the right to self-determination, such people are legally
entitled to resort to armed force to realize their self-determination
The Protection of
Human Rights
CHPT 19 CASSESE
19.2 Traditional IL

Under traditional notions of sovereignty, what were
the rights of individuals?

None, according to IL, individuals reside inside States
and subject to their sole jurisdiction

Gradually this changed? How so?

Treaties …
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