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LCP4801 Assignment 2 Semester 2 2024 - DUE 10 September 2024.GRADED A+!!

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LCP4801 Assignment 2 Semester 2 2024 - DUE 10 September 2024.100% Trusted And Acurate answers and expanations.GRADED A+!!..Your success is our priority.... 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

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LCP4801
ASSIGNMENT 2
SEMESTER 2 2024

DUE 10 SEPTEMBER
2024

, QUESTION 1 On 3 April 2020, the Republic of Airoterp entered the territory of the Republic
of Aibmaz, without authorization, 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)
The position of international law regarding the use of force is primarily governed by the United
Nations Charter, particularly Article 2(4), which prohibits member states from using force against
the territorial integrity or political independence of any state. The principles of state sovereignty
and non-intervention are fundamental to international law. Here’s a summary of the key points
regarding this issue:


1. Prohibition of Use of Force: Article 2(4) of the UN Charter prohibits the use of force by states
against the territorial integrity or political independence of any state. This is regarded as a
fundamental principle of international law.


2. Exceptions to the Prohibition: There are two primary exceptions under which states may
lawfully use force:
- Self-Defense: Under Article 51 of the UN Charter, a state may use force in self-defense if it is
the victim of an armed attack. The right to self-defense is subject to the principle of necessity and

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