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All main topics / Law / International Law

Law of Armed Conflict (6 Cards)

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What is the classic definition of war?
A contention between two or more states through their armed forces, for the purposes of overpowering each other and imposing such conditions of peace as the victor pleases.
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Define international and non-international armed conflict
A resort to force between states

or

protracted armed violence between government authorities and organized armed groups or between groups within a states
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Red Crusader
Facts: British fishing boat is off the foroe islands (denmark) and is detained.  red crusader tries to flee with danish officers on board and is fired upon.

prohibition of threat or use of force in UN charter states that members shall refrain from threat or use of force against the territorial integrity or political independence of any state.

the danish vessel policing its own territory probably did not violate the UN charter because it did not affect the territorial integrity or political independence of Britain.
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What constitutes a valid reprisal?
1. a preliminary act contrary to international law
2. an unsatisfied demand
3. use of force must be necessary and proportional to meet the unsatisfied demand

naulilaa case
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Naulilaa case
Facts: Germans enter Angola to negotiate the transportation of supplies.  Argument ensues and the Germans are shot.  Without any further communication a number of angola forts are destroyed

Germany claimed with were engaged in a reprisal but they did not satisfy the requirements of a legal reprisal

1. Act contrary to international law
2. unsatisfied demand
3. proportional and necessary

to legally launch hostilities short of war there are lots of hoops to jump through. 
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Corfu Channel case
The British attempt 3 times to sail through the Corfu Channel off the coast of Albania.

1. They are fired at by Albania
2. A UK ship hits a mine laid by Albania
3. The British bring a large force to protect a mine sweeping operation.

Not a state of Armed conflict because there must be hostilities between states and the British never fired back.
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Flashcard set info:
Author: tjkoger
Main topic: Law
Topic: International Law
School / Univ.: University of Mississippi
City: Oxford
Published: 11.09.2009
Tags: jus ad bellum, jus in bello, armed conflict, war, law
 
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