Term
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Definition
| very few restrictions in regard to use of force. |
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Term
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Definition
| permissibility to enter into forceful acts |
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Term
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Definition
| legitimate conduct while in conflict |
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Definition
| perfectly legal agressive reaction to injury received |
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Definition
| response that would normally be illegal but because it is a response it is justified |
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Term
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Definition
established legitimate reprisal if:
1. it is response to a violation of international law
2. initial attempt at peaceful resolution
3. act is proportional to injury recieved |
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Term
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Definition
| provided by Customary law; actions prior to conflict arising |
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Term
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Definition
| both parties agreed an initial force must be used and exceptions for self defense must be narrowly directed to a specific event; qualifications are: instant, overwhelming, no choice or means, no moment for deliberation |
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Term
| anticipatory self defense |
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Definition
| threat is apparent, but no actual steps taken towards attack |
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Term
| interceptive self defense |
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Definition
| armed attack is eminent and being mounted |
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Term
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Definition
| UN General Assembly 2131: states that no state can __________ in another's affairs |
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Term
| intervention by invitation |
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Definition
one state inviting another to get involved in affairs; requirements
: 1. request is not made ultra vires; 2. burden of proof of the invitation is on the state that intervenes |
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Term
| Humanitarian Intervention |
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Definition
| use of force in order to stop violations of human rights and values; requirements: 1. immediate and extensive threat to human rights; 2. intervention is stricly limited to stopping the violation of jus cogens |
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Term
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Definition
| rebels have some power and territory but no international recognition |
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Term
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Definition
| two internationally recognized bodies within the same state; only time lawful aid for rebels |
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Term
| neutral non invertention rule |
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Definition
| low levels of civil conflict it is okay to aid the government; at high levels it is not. Aid to rebels is never ok |
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Term
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Definition
| if one group is fighting for self determination, its allowed to support them (either side) |
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Term
| intervention to protect nationals |
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Definition
proposed criteria from ICJ:
1. imminent threat of injury to nationals; 2. failure of the state to protect nationals; 3. measures stricly limited to what is necessary to save lives |
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Term
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Definition
| included in the covenant of league of nations: failed attempt to have connected use of force to ensure each others sovereignty. If a country of the league goes to war, their allies may go with them if they agree. |
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Term
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Definition
| always apply to conflict; any type of warfare is admissable as long as it doesnt violate human rights |
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Term
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Definition
| always legitimate targets of hostility |
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Term
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Definition
| civilians, POWs, and lastly injured enemy personnel who can no longer fight can never be targeted unless they are taking part in military activities |
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Term
| 1. members of an organized force 2. he force has to belong to one of the parties of the conflict 3 has to have command structure 4 needs to wear a fixed recognizable sign 5 carry arms openly 6 follow the rules of war |
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Definition
| guerillas are lawful combatants if: |
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Term
| principle of discrimination/distinction |
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Definition
| principle thats says only military objectives are legitimate targets |
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Term
| principle of proportionality |
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Definition
principle which says if civilians are hurt as a result of going after a target, the injury must be proportional to the military advantage
(can knowingly kills non combatant if sufficiently good reason) |
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Term
| military bases, places enemies are occupying and shooting from |
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Definition
| the following are legitimate object targets: |
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Term
| dams and nuclear powerplants |
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Definition
| the following can NEVER be targeted |
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Term
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Definition
| _____________ contribute to war effort and are integral to civil society; bridges, electricity plants, sewage plants; they are legitimate targets |
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Term
| unnecessary suffering principle |
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Definition
| prohibits weapons that cause superfulous pain |
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Term
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Definition
| weapons that cant target specific targets should be banned (ex. chemical and biological weapons) |
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Term
| discrimination principleds |
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Definition
| weapons that cant target specific targets should be banned (ex. chemical and biological weapons) |
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Term
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Definition
| the ________ bans the use of land mines |
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Term
| international law restiction on conduct and tactics |
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Definition
| made treachery and perofody illegal; prohibits actors which blur enemy lines (exception: spying) |
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Term
| protected from mistreatment, can be interned, can't be deported, can't be subject to reprisals and punishments; occupier becomes responsible for administration of justice |
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Definition
| civilians in own country when occupying nget the following |
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Term
protected from mistreatment, allowed to return home, can be interned but must be treated as
pow |
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Definition
| protection from enemy state in your own country includes: |
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Term
| 4 important rules for civilians occupying territory |
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Definition
1. laws of belligerent occupation apply whenever territory is seized, no matter why the territory was seized, even if a better claim is asserted; 2. even if proper ownership is claimed
(annexation), laws of territory must be followed; 3 occupying state, unless "absolutely prevented", should respect the domestic laws of that territory- can't make changes to existing laws unless those laws are manifestedly illegal themselves; 4 property of citizens is not to be taken except for satisfying immediate needs of the military |
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