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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 ...
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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 ...
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United Nations Security Council Resolution 1441
United Nations Security Council Resolution 1441 is a United Nations Security Council resolution adopted unanimously by the United Nations Security Council on 8 November 2002, offering Iraq under Saddam Hussein "a final opportunity to comply with its disarmament obligations" that had been set out in several previous resolutions (Resolutions 660, 661, 678, 686, 687, 688, 707, 715, 986, and 1284). It provided a justification for the subsequent US invasion of Iraq. Resolution 1441 stated that Iraq was in material breach of the ceasefire terms presented under the terms of Resolution 687. Iraq's breaches related not only to weapons of mass destruction (WMD), but also the known construction of prohibited types of missiles, the purchase and import of prohibited armaments, and the continuing refusal of Iraq to compensate Kuwait for the widespread looting conducted by its troops during the 1990–1991 invasion and occupation. It also stated that "...false statements or omissions in the ...
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Schmitt Analysis
Schmitt analysis is a legal framework developed in 1999 by Michael N. Schmitt, leading author of the Tallinn Manual, for deciding if a state's involvement in a cyber-attack constitutes a use of force. Such a framework is important as part of international law's adaptation process to the growing threat of cyber-warfare. The characteristics of a cyber-attack can determine which legal regime will govern state behavior, and the Schmitt analysis is one of the most commonly used ways of analyzing those characteristics. It can also be used as a basis for training professionals in the legal field to deal with cyberwarfare. Motivations As society becomes more dependent on computers for critical infrastructure, countries have become increasingly concerned with threats in cyberspace. The prevalence of computers and the pace of technological innovation has advanced civilization significantly but has left many vulnerabilities that can be exploited. Countries must be prepared to defend themsel ...
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NATO
The North Atlantic Treaty Organization (NATO, ; french: Organisation du traité de l'Atlantique nord, ), also called the North Atlantic Alliance, is an intergovernmental military alliance between 30 member states – 28 European and two North American. Established in the aftermath of World War II, the organization implemented the North Atlantic Treaty, signed in Washington, D.C., on 4 April 1949. NATO is a collective security system: its independent member states agree to defend each other against attacks by third parties. During the Cold War, NATO operated as a check on the perceived threat posed by the Soviet Union. The alliance remained in place after the dissolution of the Soviet Union and has been involved in military operations in the Balkans, the Middle East, South Asia, and Africa. The organization's motto is ''animus in consulendo liber'' (Latin for "a mind unfettered in deliberation"). NATO's main headquarters are located in Brussels, Belgium, while NATO ...
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Kosovo
Kosovo ( sq, Kosova or ; sr-Cyrl, Косово ), officially the Republic of Kosovo ( sq, Republika e Kosovës, links=no; sr, Република Косово, Republika Kosovo, links=no), is a partially recognised state in Southeast Europe. It lies at the centre of the Balkans. Kosovo unilaterally declared its independence from Serbia on 17 February 2008, and has since gained diplomatic recognition as a sovereign state by 101 member states of the United Nations. It is bordered by Serbia to the north and east, North Macedonia to the southeast, Albania to the southwest, and Montenegro to the west. Most of central Kosovo is dominated by the vast plains and fields of Dukagjini and Kosovo field. The Accursed Mountains and Šar Mountains rise in the southwest and southeast, respectively. Its capital and largest city is Pristina. In classical antiquity, the central tribe which emerged in the territory of Kosovo were Dardani, who formed an independent polity known as th ...
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Proportionality (law)
Proportionality is a general principle in law which covers several separate (although related) concepts: *The concept of proportionality is used as a criterion of fairness and justice in statutory interpretation processes, especially in constitutional law, as a logical method intended to assist in discerning the correct balance between the restriction imposed by a corrective measure and the severity of the nature of the prohibited act. *Within criminal law, the concept is used to convey the idea that the punishment of an offender should fit the crime. *Under international humanitarian law governing the legal use of force in an armed conflict, ''proportionality'' and '' distinction'' are important factors in assessing military necessity. *Under the United Kingdom's Civil Procedure Rules, costs must be "proportionately and reasonably incurred", or "proportionate and reasonable in amount", if they are to form part of a court ruling on costs. Proportionality as a general principle ...
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Nicaragua V
Nicaragua (; ), officially the Republic of Nicaragua (), is the largest country in Central America, bordered by Honduras to the north, the Caribbean to the east, Costa Rica to the south, and the Pacific Ocean to the west. Managua is the country's capital and largest city. , it was estimated to be the second largest city in Central America. Nicaragua's multiethnic population of six million includes people of mestizo, indigenous, European and African heritage. The main language is Spanish. Indigenous tribes on the Mosquito Coast speak their own languages and English. Originally inhabited by various indigenous cultures since ancient times, the region was conquered by the Spanish Empire in the 16th century. Nicaragua gained independence from Spain in 1821. The Mosquito Coast followed a different historical path, being colonized by the English in the 17th century and later coming under British rule. It became an autonomous territory of Nicaragua in 1860 and its northernmost part ...
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International Court Of Justice
The International Court of Justice (ICJ; french: Cour internationale de justice, links=no; ), sometimes known as the World Court, is one of the six principal organs of the United Nations (UN). It settles disputes between states in accordance with international law and gives advisory opinions on international legal issues. The ICJ is the only international court that adjudicates general disputes between countries, with its rulings and opinions serving as primary sources of international law. The ICJ is the successor of the Permanent Court of International Justice (PCIJ), which was established in 1920 by the League of Nations. After the Second World War, both the league and the PCIJ were replaced by the United Nations and ICJ, respectively. The Statute of the ICJ, which sets forth its purpose and structure, draws heavily from that of its predecessor, whose decisions remain valid. All member states of the UN are party to the ICJ Statute and may initiate contentious cases; ho ...
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Sierra Leone
Sierra Leone,)]. officially the Republic of Sierra Leone, is a country on the southwest coast of West Africa. It is bordered by Liberia to the southeast and Guinea surrounds the northern half of the nation. Covering a total area of , Sierra Leone has a tropical climate, with diverse environments ranging from savanna to rainforests. The country has a population of 7,092,113 as of the 2015 census. The capital and largest city is Freetown. The country is divided into five administrative regions, which are subdivided into Districts of Sierra Leone, 16 districts. Sierra Leone is a constitutional republic with a unicameral parliament and a directly elected executive president, president serving a five-year term with a maximum of two terms. The current president is Julius Maada Bio. Sierra Leone is a Secular state, secular nation with Constitution of Sierra Leone, the constitution providing for the separation of state and religion and freedom of conscience (which includes freedom of ...
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Somalia
Somalia, , Osmanya script: 𐒈𐒝𐒑𐒛𐒐𐒘𐒕𐒖; ar, الصومال, aṣ-Ṣūmāl officially the Federal Republic of SomaliaThe ''Federal Republic of Somalia'' is the country's name per Article 1 of thProvisional Constitution, (; ), is a country in the Horn of Africa. The country is bordered by Ethiopia to the west, Djibouti to the northwest, the Gulf of Aden to the north, the Indian Ocean to the east, and Kenya to the southwest. Somalia has the longest coastline on Africa's mainland. Its terrain consists mainly of plateaus, plains, and highlands. Hot conditions prevail year-round, with periodic monsoon winds and irregular rainfall. Somalia has an estimated population of around million, of which over 2 million live in the capital and largest city Mogadishu, and has been described as Africa's most culturally homogeneous country. Around 85% of its residents are ethnic Somalis, who have historically inhabited the country's north. Ethnic minorities are ...
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Yugoslavia
Yugoslavia (; sh-Latn-Cyrl, separator=" / ", Jugoslavija, Југославија ; sl, Jugoslavija ; mk, Југославија ;; rup, Iugoslavia; hu, Jugoszlávia; rue, label=Pannonian Rusyn, Югославия, translit=Juhoslavija; sk, Juhoslávia; ro, Iugoslavia; cs, Jugoslávie; it, Iugoslavia; tr, Yugoslavya; bg, Югославия, Yugoslaviya ) was a country in Southeast Europe and Central Europe for most of the 20th century. It came into existence after World War I in 1918 under the name of the ''Kingdom of Serbs, Croats and Slovenes'' by the merger of the provisional State of Slovenes, Croats and Serbs (which was formed from territories of the former Austria-Hungary) with the Kingdom of Serbia, and constituted the first union of the South Slavic people as a sovereign state, following centuries in which the region had been part of the Ottoman Empire and Austria-Hungary. Peter I of Serbia was its first sovereign. The kingdom gained international recog ...
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Peacekeeping
Peacekeeping comprises activities intended to create conditions that favour lasting peace. Research generally finds that peacekeeping reduces civilian and battlefield deaths, as well as reduces the risk of renewed warfare. Within the United Nations (UN) group of nation-state governments and organisations, there is a general understanding that at the international level, peacekeepers monitor and observe peace processes in post-conflict areas, and may assist ex-combatants in implementing peace agreement commitments that they have undertaken. Such assistance may come in many forms, including confidence-building measures, power-sharing arrangements, electoral support, strengthening the rule of law, and economic and social development. Accordingly, the UN peacekeepers (often referred to as Blue Berets or Blue Helmets because of their light blue berets or helmets) can include soldiers, police officers, and civilian personnel. The United Nations is not the only organisation to implem ...
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