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LCP4801 Assignment 2 (COMPLETE ANSWERS) Semester 2 2024 - DUE 10 September 2024

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LCP4801 Assignment 2 (COMPLETE ANSWERS) Semester 2 2024 - DUE 10 September 2024 ; 100% TRUSTED Complete, trusted solutions and explanations. For assistance, Whats-App 0.6.7-1.7.1-1.7.3.9. Ensure your success with us ......... QUESTION 1 On 3 April 2020, the Republic of Airoterp entered the territory of the Republic of Aibmaz, without authorisation, and killed Diaprem in his home. The government of Airoterp claims that Diaprem is a terrorist who had carried out a series of bombings that killed over 100 people within its territory. From reports, Diaprem was unarmed when he was shot and killed by members of the Airoterp special forces. Evaluate the actions of the Republic of Airoterp based on the questions below with reference to authority. 1.1 Briefly State the position of international law regarding the use of force. (6) 1.2 Are there circumstances under which a State may deviate from this rule? (8) 1.3 Can the Republic of Airoterp justify its actions under any of these circumstances? (8) 1.4 Does the of Aibmaz have any claim for reparations against the actions of the Republic of Airoterp? (8) [30] QUESTION 2 Discuss the concept of ‘self-executing’ treaties under section 231(4) of the South African Constitution. (10) [10] QUESTION 3 Distinguish between the declaratory and constitutive theories of Statehood. (10)

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LCP4801
Assignment 2 Semester 2 2024
Detailed Solutions, References & Explanations

Unique number:

Due Date: 10 September 2024
QUESTION 1

1.1.

International law, primarily governed by the United Nations (UN) Charter1, establishes a general
prohibition on the use of force in international relations. Article 2(4) of the UN Charter explicitly
states that all member states must refrain from the threat or use of force against the territorial
integrity or political independence of any state. This principle aims to maintain international
peace and security by prohibiting aggressive actions among states.

However, there are recognized exceptions to this general prohibition. One key exception is the
right to self-defense, as outlined in Article 51 of the UN Charter. This article acknowledges the
inherent right of individual or collective self-defense if an armed attack occurs against a member
state. The right to self-defense is contingent upon immediate reporting to the Security Council
and remains valid only until the Security Council takes measures to maintain international peace
and security. The use of force in self-defense must be necessary and proportionate to the threat
faced.
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Connected book
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Christopher Gevers, Oliver Ruppel, Laurence Juma, Patrick Vrancken, Gerhard Kemp, Werner Scholtz, Frans Viljoen International Law
Publisher: 2016 ISBN: 9780199050154 Edition: Unknown

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