LCP4801 - International law Study Questions
and Answers Verified 100% Correct
The following characteristics are important:
• The act taken in exercising the right to self-defence is valid only until the Security Council acts.
• The purpose of the use of force must be clear: to defend oneself.
• The force exercised in self-defence must be proportionate to the posed threat.
Role of UN in settlement of disputes - ✔✔• The UN, through the Security Council, has the
primary responsibility of maintaining global peace and security.
• Since both Ajubaria and Kalakuta are members of the UN, they are subject to its jurisdiction,
and the UN can intervene to stop the conflict.
• The UN can delegate the responsibility of intervention to a collective/regional force.
• When exercising this responsibility, the Security Council must act within the objectives and
principles of the UN.
• The Security Council may decide on measures such as sanctions, diplomatic negotiations and
severance of diplomatic relations in the exercise of its powers
Prohibition of the use of force under international law - ✔✔• There is a prohibition of the
use of force under international law.
• There are 2 exceptions to this rule: (i) where there is a threat to international peace and
security, the Security Council may authorise the use of collective force or a regional force (e.g.
the case of Libya) to use force (ii) where a state acts in self-defence. Ajubaria must be able to
prove these two points, in particular self-defence.
• Students must also show whether anticipatory or preventive self-defence is allowed
State liability under Int law - ✔✔• There are 2 types of state liability: Direct (where states act
through their officials and agents to violate the territorial integrity of other states) and indirect
(where state infringes the rights of the citizen of another state or does nothing to prevent an
attack against the property or persons of another state) liabilities.
,• In principle, there is no difference in the result of both direct or indirect liability.
• Students should make reference to the Iran Hostage case, to show that actions of persons can
be attributed/ascribed to a particular state, in the event that such state makes no positive
effort to prevent harmful actions.
• For attribution to occur, a sufficient link between the actor and the state must be proved.
• Ajubaria can prove that the actions of the armed rebels is supported by Kalakuta, while
Kalakuta can also prove that Ajubaria supports rebel movement within its territory.
• Students have to provide sufficient explanation to determine the liability of both states, and
how this provides justification for use of force.
Measures that should be put into place to prevent outright conflict between states - ✔✔•
UN should step in to prevent the escalation of this conflict.
• One way of addressing this is the peaceful settlement of disputes under article 2(3) of the UN
Charter
• Peaceful settlement of disputes include the use of negotiation, mediation, conciliation,
inquiry and judicial settlement under the ICJ.
• Students should be able to identify any of these measures, and show how these could be used
to prevent a potential war between Ajubaria and Kalakuta.
Immunity of foreign heads of states generally - ✔✔• Aim of immunity was to allow heads of
states (HOS) to conduct international relations smoothly.
• Provides for the inviolability of the person and premises of a foreign state's representatives.
• Also provides for immunities from the exercise of jurisdiction over those representatives.
• Premised on sovereign equality (principle of state sovereignty).
• Two forms of immunity: personal and functional.
• Provided for by both customary law and Vienna Convention on the Law of Treaties.
• Arrest Warrant Case (ICJ) - certain holders of high ranking office in a state, such as the HOS,
head of government, and minister of foreign affairs enjoy personal immunity.
• Personal immunity is absolute, covers both private and public acts committed by officials.
• Functional immunity relates to conduct carried out on behalf of a states. It is more commonly
used in civil cases.
, • Functional immunity, unlike personal immunity, does not attach to all conduct performed by
state officials.
• In SA, this type of immunity is governed by the Foreign States Immunities Act 87 of 1981.
Immunity in relation to murder, assault and similar offences? - ✔✔• Section 2 of the FIS
provides that a foreign state shall be immune from the jurisdiction of the courts of the
Republic.
• Under the Act, a number of exceptions to immunity exist, and these relate to civil claims,
amongst others, and also provide for the waiver of immunity by the state concerned.
• Section 6(a) provides for immunity of the foreign head of state from the jurisdiction of SA
courts, except in the case of a death or injury of any person.
• Immunity ratione materiae (functional immunity) does not apply to international crimes,
whether prosecuted by international or domestic courts.
• Although the Arrest Warrant case seems to suggest that at the domestic level, a domestic
court would still be bound by the foreign HOS's immunity, regardless of the crime committed,
the situation in SA differs from that notion.
• The FIS was enacted with full knowledge of the prevailing international customary law, and it
was deliberately crafted to take away that immunity.
Strydom (p264) argues that under customary law, HOS and certain officials enjoy absolute
personal immunity before domestic courts of other states. This position cannot be reconciled
with section 6(a) of FIS as indicated above.
Immunity of wives (spouses) of foreign heads of states? - ✔✔Spouses enjoy derivative
immunity
• In other words, their immunity derives from the husband/wife who is a foreign head of state.
• They cannot enjoy any more immunity than their spouses do.
• To the extent that the foreign HOS does not enjoy immunity for murder and related cases,
their spouses also do not have such immunity.
Formation of customary international law - ✔✔- court will apply international custom as
evidence of a general practice accepted as law
- 2 requirements
and Answers Verified 100% Correct
The following characteristics are important:
• The act taken in exercising the right to self-defence is valid only until the Security Council acts.
• The purpose of the use of force must be clear: to defend oneself.
• The force exercised in self-defence must be proportionate to the posed threat.
Role of UN in settlement of disputes - ✔✔• The UN, through the Security Council, has the
primary responsibility of maintaining global peace and security.
• Since both Ajubaria and Kalakuta are members of the UN, they are subject to its jurisdiction,
and the UN can intervene to stop the conflict.
• The UN can delegate the responsibility of intervention to a collective/regional force.
• When exercising this responsibility, the Security Council must act within the objectives and
principles of the UN.
• The Security Council may decide on measures such as sanctions, diplomatic negotiations and
severance of diplomatic relations in the exercise of its powers
Prohibition of the use of force under international law - ✔✔• There is a prohibition of the
use of force under international law.
• There are 2 exceptions to this rule: (i) where there is a threat to international peace and
security, the Security Council may authorise the use of collective force or a regional force (e.g.
the case of Libya) to use force (ii) where a state acts in self-defence. Ajubaria must be able to
prove these two points, in particular self-defence.
• Students must also show whether anticipatory or preventive self-defence is allowed
State liability under Int law - ✔✔• There are 2 types of state liability: Direct (where states act
through their officials and agents to violate the territorial integrity of other states) and indirect
(where state infringes the rights of the citizen of another state or does nothing to prevent an
attack against the property or persons of another state) liabilities.
,• In principle, there is no difference in the result of both direct or indirect liability.
• Students should make reference to the Iran Hostage case, to show that actions of persons can
be attributed/ascribed to a particular state, in the event that such state makes no positive
effort to prevent harmful actions.
• For attribution to occur, a sufficient link between the actor and the state must be proved.
• Ajubaria can prove that the actions of the armed rebels is supported by Kalakuta, while
Kalakuta can also prove that Ajubaria supports rebel movement within its territory.
• Students have to provide sufficient explanation to determine the liability of both states, and
how this provides justification for use of force.
Measures that should be put into place to prevent outright conflict between states - ✔✔•
UN should step in to prevent the escalation of this conflict.
• One way of addressing this is the peaceful settlement of disputes under article 2(3) of the UN
Charter
• Peaceful settlement of disputes include the use of negotiation, mediation, conciliation,
inquiry and judicial settlement under the ICJ.
• Students should be able to identify any of these measures, and show how these could be used
to prevent a potential war between Ajubaria and Kalakuta.
Immunity of foreign heads of states generally - ✔✔• Aim of immunity was to allow heads of
states (HOS) to conduct international relations smoothly.
• Provides for the inviolability of the person and premises of a foreign state's representatives.
• Also provides for immunities from the exercise of jurisdiction over those representatives.
• Premised on sovereign equality (principle of state sovereignty).
• Two forms of immunity: personal and functional.
• Provided for by both customary law and Vienna Convention on the Law of Treaties.
• Arrest Warrant Case (ICJ) - certain holders of high ranking office in a state, such as the HOS,
head of government, and minister of foreign affairs enjoy personal immunity.
• Personal immunity is absolute, covers both private and public acts committed by officials.
• Functional immunity relates to conduct carried out on behalf of a states. It is more commonly
used in civil cases.
, • Functional immunity, unlike personal immunity, does not attach to all conduct performed by
state officials.
• In SA, this type of immunity is governed by the Foreign States Immunities Act 87 of 1981.
Immunity in relation to murder, assault and similar offences? - ✔✔• Section 2 of the FIS
provides that a foreign state shall be immune from the jurisdiction of the courts of the
Republic.
• Under the Act, a number of exceptions to immunity exist, and these relate to civil claims,
amongst others, and also provide for the waiver of immunity by the state concerned.
• Section 6(a) provides for immunity of the foreign head of state from the jurisdiction of SA
courts, except in the case of a death or injury of any person.
• Immunity ratione materiae (functional immunity) does not apply to international crimes,
whether prosecuted by international or domestic courts.
• Although the Arrest Warrant case seems to suggest that at the domestic level, a domestic
court would still be bound by the foreign HOS's immunity, regardless of the crime committed,
the situation in SA differs from that notion.
• The FIS was enacted with full knowledge of the prevailing international customary law, and it
was deliberately crafted to take away that immunity.
Strydom (p264) argues that under customary law, HOS and certain officials enjoy absolute
personal immunity before domestic courts of other states. This position cannot be reconciled
with section 6(a) of FIS as indicated above.
Immunity of wives (spouses) of foreign heads of states? - ✔✔Spouses enjoy derivative
immunity
• In other words, their immunity derives from the husband/wife who is a foreign head of state.
• They cannot enjoy any more immunity than their spouses do.
• To the extent that the foreign HOS does not enjoy immunity for murder and related cases,
their spouses also do not have such immunity.
Formation of customary international law - ✔✔- court will apply international custom as
evidence of a general practice accepted as law
- 2 requirements
