POL340Y1 Lecture Notes - Lecture 11: Jus Ad Bellum, Tabula Rasa, Oil Platform
23 Dec 2016
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Difference between sc approval-sc does not need to approve that state acting in self defense, however, it needs to have opportunity to say "no" if one of the p5-they still get to vote-use self defense with impunity. Giving sc opportunity gives it illegitimate veto-weaker states acting in their interest. Victim of armed attack, report to sc in addition to prop. and necessity for self defense. Mere frontier incident-materially different from armed attack, Oil platform case- war going on between iraq and iran, both patrolling persian gulf-to stop shipping, two us tankers get attacked-iran believed to be responsible, Not proper use of self defense, how did icj get jurisdiction between iran and us- a old treaty first ask-whether there is an armed attack against us, within art. 51 of charter?- does us have right to use self defense if iran mistakenly attacks us ships=no. Us assembled evidence-armed attacked perpetuated by iran, seems likely that missiles emerge from iran.
