Deck 9: International Law

Question 1

The most important principle governing the conduct of war is

A) just cause.
B) discrimination.
C) legitimate authority.
D) double effect.

Answer 1

B

Question 2

The justification for the preemptive use of force was first proposed by

A) Augustine.
B) Thomas Aquinas.
C) Hugo Grotius.
D) the George W.Bush Administration.

Answer 2

C

Question 3

Moral and ethical propositions concern how people

A) ought to behave.
B) do behave.
C) will behave.
D) have behaved.

Answer 3

A

Question 4

Customary international law does NOT recognize states' rights to undertake a

A) just war.
B) preemptive war
C) preventive war.
D) self-defense war.

Question 5

The first comprehensive and systematic statement of just war theory is often traced to

A) Augustine.
B) Thomas Aquinas.
C) Hugo Grotius.
D) UN Charter.

Question 6

The rights of POWs,including the conditions of their imprisonment,the extent to which they may be interrogated,and processes to be used when prosecuting war crimes are outline in the

A) First Geneva Convention.
B) Second Geneva Convention.
C) Third Geneva Convention.
D) Fourth Geneva Convention.

Question 7

States obey international law because

A) they fear disorder.
B) they fear reprisal.
C) they are concerned about their reputation.
D) All of the above are true.

Question 8

The process of developing the "Geneva Law" that provides the legal perimeters of war started in the

A) 1780s.
B) 1860s.
C) 1950s.
D) 1990s.

Question 9

_____ refers to the requirement that combatants respect the immunity of noncombatants,whereas _____ refers to the requirement that military actions not impose costs that are not justified.

A) Double effect;discrimination
B) Discrimination;proportionality
C) Proportionality;discrimination
D) Discrimination;double effect

Question 10

In the just war tradition,discrimination

A) refers to the principle of noncombatant immunity.
B) implies that the harm done by an act may not be disproportionate to the good sought or the evil to be avoided.
C) implies that war should be engaged only as a last resort after diplomacy and negotiation have failed.
D) implies that war is justifiable when waged against class oppression or national subjugation.

Question 11

The two sets of principles embodied in just war theory are known as

A) justice in war and justice of war.
B) human rights and nonviolence.
C) defensive war and defensive strategy.
D) Christian and Islamic theology.

Question 12

The primary sources of international law are

A) international treaties and customs.
B) international norms and general principles.
C) diplomatic statements and conventions.
D) customary law and protocols.

Question 13

From the perspective of natural law,

A) the concept of international law does not exist in principle or in practice,and therefore it serves no purpose.
B) the subjects of international law,nation-states,are protected.
C) the community of humankind share rights and responsibilities irrespective of their status as citizens of states.
D) international law consists of customs,treaties,and agreements that exist between international actors.

Question 14

Ethical reasoning is essentially

A) inductive reasoning.
B) moral reasoning.
C) deductive reasoning.
D) justice reasoning.

Question 15

In the just war tradition,proportionality

A) refers to the principle of noncombatant immunity.
B) implies that the harm done by an act may not be disproportionate to the good sought or the evil to be avoided.
C) implies that war should be engaged only as a last resort after diplomacy and negotiation have failed.
D) implies that war is justifiable when waged against class oppression or national subjugation.

Question 16

The two main philosophical perspectives on international law are

A) realism and idealism.
B) natural law and legal positivism.
C) natural law and idealism.
D) idealism and moralism.

Question 17

Pacifism is different from a realist "all's fair" position in that it

A) ignores the members of the Atlantic Charter.
B) rejects the use of force as an instrument of national policy.
C) does not have an overriding concern for human life.
D) renounces a philosophical or moral predilection for violence.

Question 18

The use of toxic defoliants by the United States in Vietnam is an example of a violation of the principle of

A) double effect.
B) legitimate intent.
C) self-defense.
D) none of the above.

Question 19

The doctrine of double effect in military planning requires

A) jus ad bellum and jus in bello.
B) discrimination and proportionality.
C) proportionality and destruction.
D) discrimination and destruction.

Question 20

Torture is

A) a clear violation of international law.
B) justified by U.S.law.
C) justified under certain circumstance.
D) permissible under international law.

Question 21

The International Criminal Court (ICC)was formally established in 2002 after ______ states had ratified the Rome Statute governing the Court's jurisdiction and procedures.

A) 20
B) 60
C) 90
D) 120

Question 22

What are the differences between the realist and pacifist views about warfare? Provide examples.

Question 23

The main objective in any humanitarian intervention is

A) to relieve human suffering.
B) to maintain state sovereignty.
C) promote democracy.
D) to uphold positive rights.

Question 24

Sovereign immunity refers to

A) the ability of states to act alone.
B) the immunity of state leaders from prosecution by other states.
C) the immunity of actors from prosecution by the International Criminal Court.
D) the black passport diplomats carry.

Question 25

Negative rights are

A) entitlements to certain economic amenities and social welfare provisions.
B) freedoms from the arbitrary exercise of government power.
C) both A and B.
D) neither A nor B.

Question 26

Critics of the universal jurisdiction for human rights violations contend that

A) leaving enforcement to national courts leads to inconsistencies.
B) fear of being held accountable will lead despots to cling to their power.
C) the United States is attempting to control the global agenda again.
D) state sovereignty should be eroded.

Question 27

Rules that are considered binding on all states and their representatives under any and all circumstances are known as

A) jus ad bellum.
B) jus in bello.
C) jus cogens.
D) soft law.

Question 28

What is the Just War Tradition? Where did it come from? Is it still useful today? Explain.

Question 29

The normative bias of international law is

A) communitarian.
B) global cooperation.
C) strength of international institutions.
D) agreed upon norms of behavior.

Question 30

In 1998,a collection of states vested the authority of trying cases involving egregious war crimes,crimes against humanity,and genocide to the

A) United States Supreme Court.
B) United Nations Security Council.
C) International Criminal Court.
D) International Court of Justice.

Question 31

What are the primary sources of international law? Provide examples.

Question 32

Which of the following international treaties is NOT a part of the International Bill of Rights?

A) The Universal Declaration of Human Rights
B) The Covenant on Civil and Political Rights
C) The Peace of Westphalia
D) The Covenant on Economic,Social and Cultural Rights

Question 33

Human rights are

A) rights possessed by individual because they are human.
B) rights possessed by citizens because they are represented.
C) rights articulated in the United Nations Charter.
D) rights articulated in the United States Constitution.

Question 34

Describe the two main philosophical perspectives on international law.What are the main differences? Provide examples.

Question 35

_____,captured by Israeli agents in Argentina in 1960,was tried for war crimes and hanged.

A) Heinrich Himmler
B) Adolf Hitler
C) Adolf Eichmann
D) Otto von Bismarck

Question 36

The Israelis justified Eichmann's trial and subsequently convicted and hanged him based upon the concept of

A) genocide justice.
B) universal jurisdiction.
C) crime against humanity.
D) sovereign immunity.

Question 37

Which formal declaration on the laws of war dealt with the prosecution of war crimes?

A) The Hague Convention
B) The Geneva Convention
C) The Nuremberg and Tokyo tribunals
D) The UN Charter

Question 38

Positive rights are

A) entitlements to certain economic amenities and social welfare provisions.
B) freedoms from the arbitrary exercise of government power.
C) both A and B.
D) neither A nor B.

Question 39

The UN Charter sanctions international intervention into the sovereignty of another state if

A) an act of aggression is witnessed.
B) a threat to peace is established.
C) Both A and B are correct.
D) Neither A nor B is correct.

Question 40

The legal representative bias of international law is

A) cosmopolitan.
B) communitarian.
C) rational.
D) reflectivist.

Question 41

Why are human rights agreements so hard to enforce? Explain.

Question 42

Under what conditions is humanitarian intervention legal? Provide examples