ULUSLARARASI KAMU HUKUKU II - Deneme Sınavı - 16

In the 19th century

It was founded as a post-First World War organization.

1928

It is the adoption of an unfriendly and harmful, albeit lawful, act as a method of retaliation against the injurious activities of another State.

Germany

Article 51

war against terrorism

These were:

armed force being used exclusively for the limited purpose of stopping the atrocities and restoring respect for human rights, not for any goal going beyond this limited purpose.exhaustion of all peaceful avenues,

to try to halt atrocities with the support or at least the non-opposition of the majority of the member States of the UN,

Canada

It does not introduce a right of military intervention for individual States.

The League of Nations was founded as a post-First World War organization and included in the postwar peace treaties as a part of the peace deal. Its Covenant required the States to apply methods of pacific settlement of disputes before going to war against each other. If these methods proved to be unsuccessful, then States could resort to war lawfully under the terms of the Covenant (LN, 1920). The correct answer is E.

For Grotius, war must be just, and it can be waged only when there is a damage given by the other party. He insisted that international law limited the use of force to three justifiable causes: defense, recovery of property, and punishment (Higgins, 1998, 238). This shows that classic writers consider war as a means to apply law, a sanction to remedy for the damage given (Keskin, 1998, 27). The correct answer is D.

French Minister of Foreign Affairs  Aristide Briand proposed it as a bilateral agreement between the United States and France to outlaw war between them. U.S. President Calvin Coolidge and Secretary of State  Frank Kellogg  were less eager about it since they worried that it could be interpreted as a bilateral alliance. To avoid this, they suggested to extend it to other States. After the severe losses of the First World War, many nations had no objections to signing it. The correct answer is C.

Since the adoption of the United Nations (UN) Charter, there has been a continuous debate regarding the provisions governing the use of force. The Charter permitted use of force only in self-defense (selfdefence in the Charter, and in some varieties of English) and in collective enforcement action. It sets the organization’s purposes in Article 1. According to its first paragraph, maintaining international peace and security is the first of the purposes although there is not a hierarchy between them. To achieve this purpose, Article 2 determines the principles to be followed by the organization and its members. The correct answer is B.

Definition of Aggression resolution determines the acts below as acts of aggression:

(a) The invasion or attack by the armed forces of a State of the territory of another State, or any military occupation;

(b) Bombardment by the armed forces of a State against the territory of another State or the use of any weapons by a State against the territory of another State;

(c) The blockade of the ports or coasts of a State by the armed forces of another State;

(d) An attack by the armed forces of a State on the land, sea or air forces, or marine and air fleets of another State;

(e) The use of armed forces of one State which are within the territory of another State with the agreement of the receiving State, in contravention of the conditions provided for in the agreement or any extension of their presence in such territory beyond the termination of the agreement;

(f) The action of a State in allowing its territory, which it has placed at the disposal of another State, to be used by that other State for perpetrating an act of aggression against a third State;

(g) The sending by or on behalf of a State of armed bands, groups, irregulars or mercenaries, which carry out acts of armed force against another State of such gravity as to amount to the acts listed above, or its substantial involvement therein. The correct answer is A.

Retorsion is the adoption of an unfriendly and harmful, albeit lawful, act as a method of retaliation against the injurious activities of another State. Examples are the severance of diplomatic relations or expulsion of aliens. It is a legitimate method of showing displeasure in a way that injures the other State within the bounds of legality.

The correct answer is E.

Reprisals consist of action in response to a prior unlawful military action, aimed not at defending itself, but at delivering a message of deterrence against the other State. The correct answer is D.

It was the veto power of the permanent five (P5) members of the Council that rendered the Council’s work impossible in the first place. P5 members are the US, the Russian Federation, China, Great Britain and France. The correct answer is C.

The document specifies that R2P applies in the case of four distinct crimes: genocide, war crimes, ethnic cleansing and crimes against humanity which had previously been defined by the Rome Statute of the International Criminal Court.  The correct answer is B.

Regarding Libya, the Council first determined the existence of a “threat to the peace” in its resolution 1973, and invoked the responsibility to protect in the framework of this determination. This attitude shows that the Council believes the determination of a threat to the peace remain a threshold requirement. We will yet to see whether it would decide to intervene when a State is “manifestly failing” to protect its population, but the incidents stay under the threshold of a threat to the peace. The correct answer is A.