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Caroline Test
The ''Caroline ''test is a 19th-century formulation of customary international law, reaffirmed by the Nuremberg Tribunal after World War II, which said that the necessity for preemptive self-defense must be "instant, overwhelming, and leaving no choice of means, and no moment for deliberation." The test takes its name from the ''Caroline'' affair. Historical background In 1837, settlers in Upper Canada revolted due to dissatisfaction with the British administration in North America. The United States remained officially neutral about the rebellion, but American sympathizers assisted the rebels with men and supplies, transported by a steamboat named the ''Caroline''. In response, a combined Anglo-Canadian force from Canada entered United States territory at night, seized the ''Caroline'', set the ship on fire, and sent it over Niagara Falls. An American watchmaker, Amos Durfee, was accidentally killed by Alexander Macleod, a Canadian sheriff.Nichols, Thomas (2008). ''The Comin ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal Tests
In law, a test is a commonly applied method of evaluation used to resolve matters of jurisprudence. In the context of a trial, a hearing, discovery, or other kinds of legal proceedings, the resolution of certain questions of fact or law may hinge on the application of one or more legal tests. Tests are often formulated from the logical analysis of a judicial decision or a court order where it appears that a finder of fact or the court made a particular decision after contemplating a well-defined set of circumstances. It is assumed that evaluating any given set of circumstances under a legal test will lead to an unambiguous and repeatable result. Kinds of legal tests * Bright-line rule * Balancing test International law *Berne three-step test * Habitual residence test * ''Caroline'' test Common law * "But-for" test Canada * ''Andrews'' test * Air of reality test (see alsR v Fontaine * Assumed Jurisdiction test *Central management and control test * ''Collins'' Test *Commu ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lotus Case
The ''Lotus'' case concerns a criminal trial which was the result of the 2 August 1926 collision between the S.S. ''Lotus'', a French steamer, and the S.S. ''Bozkourt'', a Turkish steamer, in a region just north of Mytilene (Greece). As a result of the accident, eight Turkish nationals aboard the ''Bozkourt'' drowned when the vessel was torn apart by the ''Lotus''. Background On 7 September 1927, the case was presented before the Permanent Court of International Justice, the judicial branch of the League of Nations, the predecessor of the United Nations. The issue at stake was Turkey's jurisdiction to try Monsieur Demons, the French lieutenant on watch duty at the time of the collision. Since the collision occurred on the high seas, France claimed that the state whose flag the vessel flew had exclusive jurisdiction over the matter. France proffered case law, through which it attempted to show at least state practice in support of its position. However, those cases involved ship ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
International Criminal Law
International criminal law (ICL) is a body of public international law designed to prohibit certain categories of conduct commonly viewed as serious atrocities and to make perpetrators of such conduct criminally accountable for their perpetration. The core crimes under international law are genocide, war crimes, crimes against humanity, and the crime of aggression. Classical international law governs the relationships, rights, and responsibilities of states. After World War II, the Charter of the International Military Tribunal and the following Nuremberg trial revolutionized international law by applying its prohibitions directly to individuals, in this case the defeated leaders of Nazi Germany, thus inventing international criminal law. After being dormant for decades, international criminal law was revived in the 1990s to address the war crimes in the Yugoslav Wars and the Rwandan genocide, leading to the establishment of a permanent International Criminal Court in 2001. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Law Of War
The law of war is the component of international law that regulates the conditions for initiating war (''jus ad bellum'') and the conduct of warring parties (''jus in bello''). Laws of war define sovereignty and nationhood, states and territories, occupation, and other critical terms of law. Among other issues, modern laws of war address the declarations of war, acceptance of surrender and the treatment of prisoners of war; military necessity, along with ''distinction'' and ''proportionality''; and the prohibition of certain weapons that may cause unnecessary suffering. The ''law of war'' is considered distinct from other bodies of law—such as the domestic law of a particular belligerent to a conflict—which may provide additional legal limits to the conduct or justification of war. Early sources and history The first traces of a law of war come from the Babylonians. It is the Code of Hammurabi, king of Babylon, which, 2000 B.C., explains its laws imposing a code of con ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
International Law
International law (also known as public international law and the law of nations) is the set of rules, norms, and standards generally recognized as binding between states. It establishes normative guidelines and a common conceptual framework for states across a broad range of domains, including war, diplomacy, economic relations, and human rights. Scholars distinguish between international legal institutions on the basis of their obligations (the extent to which states are bound to the rules), precision (the extent to which the rules are unambiguous), and delegation (the extent to which third parties have authority to interpret, apply and make rules). The sources of international law include international custom (general state practice accepted as law), treaties, and general principles of law recognized by most national legal systems. Although international law may also be reflected in international comity—the practices adopted by states to maintain good relations and mutua ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Self-defence In International Law
Hugo Grotius, the 17th century jurist and father of public international law, stated in his 1625 magnum opus ''The Law of War and Peace'' that "Most Men assign three Just Causes of War, Defence, the Recovery of what's our own, and Punishment." Overview Chapter VII of the United Nations Charter Article 51 of the UN Charter states the following: ''Article 51: Nothing in the present Charter shall impair the inherent right of collective or individual self-defense if an armed attack occurs against a member of the United Nations, until the Security Council has taken the measures necessary to maintain international peace and security. Measures taken by members in exercise of this right of self-defense shall be immediately reported to the Security Council and shall not in any way affect the authority and responsibility of the Security Council under the present Charter to take at any time such action as it deems necessary in order to maintain or restore international peace and security ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Use Of Force In International Law
The use of force by states is controlled by both customary international law and by treaty law. The UN Charter reads in article 2(4): 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. This principle is now considered to be a part of customary international law, and has the effect of banning the use of armed force except for two situations authorized by the UN Charter. Firstly, the Security Council, under powers granted in articles 24 and 25, and Chapter VII of the Charter, may authorize collective action to maintain or enforce international peace and security. Secondly, Article 51 also states that: "Nothing in the present Charter shall impair the inherent right to individual or collective self-defence if an armed attack occurs against a state." There are also more controversial claims b ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Operation Opera
Operation Opera ( he, מבצע אופרה), also known as Operation Babylon, was a surprise airstrike conducted by the Israeli Air Force on 7 June 1981, which destroyed an unfinished Iraqi nuclear reactor located southeast of Baghdad, Iraq. The Israeli operation came after Iran's partially successful Operation Scorch Sword had caused minor damage to the same nuclear facility a year prior, with the damage having been subsequently repaired by French technicians. Operation Opera, and related Israeli government statements following it, established the Begin Doctrine, which explicitly stated the strike was not an anomaly, but instead "a precedent for every future government in Israel". Israel's counter-proliferation preventive strike added another dimension to its existing policy of deliberate ambiguity, as it related to the nuclear weapons capability of other states in the region. In 1976, Iraq purchased an ''Osiris''-class nuclear reactor from France.Ramberg, Bennett. ''Nucl ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Six-Day War
The Six-Day War (, ; ar, النكسة, , or ) or June War, also known as the 1967 Arab–Israeli War or Third Arab–Israeli War, was fought between Israel and a coalition of Arab world, Arab states (primarily United Arab Republic, Egypt, Syria, and Jordan) from 5 to 10 June 1967. Escalated hostilities broke out amid poor relations between Israel and its Arab neighbours following the 1949 Armistice Agreements, which were signed at the end of the 1948 Arab–Israeli War, First Arab–Israeli War. Earlier, in 1956, regional tensions over the Straits of Tiran escalated in what became known as the Suez Crisis, when Israel invaded Egypt over the Israeli passage through the Suez Canal and Straits of Tiran, Egyptian closure of maritime passageways to Israeli shipping, ultimately resulting in the re-opening of the Straits of Tiran to Israel as well as the deployment of the United Nations Emergency Force (UNEF) along the Borders of Israel#Border with Egypt, Egypt–Israel border. In ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Cuban Missile Crisis
The Cuban Missile Crisis, also known as the October Crisis (of 1962) ( es, Crisis de Octubre) in Cuba, the Caribbean Crisis () in Russia, or the Missile Scare, was a 35-day (16 October – 20 November 1962) confrontation between the United States and the Soviet Union, which escalated into an international crisis when American deployments of missiles in Italy and Turkey were matched by Soviet deployments of similar ballistic missiles in Cuba. Despite the short time frame, the Cuban Missile Crisis remains a defining moment in national security and nuclear war preparation. The confrontation is often considered the closest the Cold War came to escalating into a full-scale nuclear war. In response to the presence of American Jupiter ballistic missiles in Italy and Turkey, the failed Bay of Pigs Invasion of 1961, and Soviet fears of a Cuban drift towards China, Soviet First Secretary Nikita Khrushchev agreed to Cuba's request to place nuclear missiles on the island to deter a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Security Council
The United Nations Security Council (UNSC) is one of the six principal organs of the United Nations (UN) and is charged with ensuring international peace and security, recommending the admission of new UN members to the General Assembly, and approving any changes to the UN Charter. Its powers include establishing peacekeeping operations, enacting international sanctions, and authorizing military action. The UNSC is the only UN body with the authority to issue binding resolutions on member states. Like the UN as a whole, the Security Council was created after World War II to address the failings of the League of Nations in maintaining world peace. It held its first session on 17 January 1946 but was largely paralyzed in the following decades by the Cold War between the United States and the Soviet Union (and their allies). Nevertheless, it authorized military interventions in the Korean War and the Congo Crisis and peacekeeping missions in Cyprus, West New Guinea, and the Sina ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Article 51
Chapter VII of the United Nations Charter sets out the UN Security Council's powers to maintain peace. It allows the Council to "determine the existence of any threat to the peace, breach of the peace, or act of aggression" and to take military and nonmilitary action to "restore international peace and security". Rationale The UN Charter's prohibition of member states of the UN attacking other UN member states is central to the purpose for which the UN was founded in the wake of the destruction of World War II: to prevent war. This overriding concern is also reflected in the Nuremberg Trials' concept of a crime against peace "starting or waging a war against the territorial integrity, political independence or sovereignty of a state, or in violation of international treaties or agreements" (crime against peace), which was held to be the crime that makes all war crimes possible. Chapter VII also gives the Military Staff Committee responsibility for strategic coordination of force ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
