As international law governing the use of force dramatically changed since 2001?
Exam Essay Model Answer:
Module: International Law
Exam Model Answer: Has international law governing the use of force dramatically changed since 2001?
*The 2001 is referred to the year were terrorist attacks have occurred.
Discuss the following part of the National Security Strategy of the United States of 2002 and its effect on the prohibition of the Use of Force in International Law:
We must adapt the concept of imminent threat to the capabilities and objectives of todays adversaries. Rogue states and terrorists do nota?seek to attack us using conventional means. They know such attacks would fail. Instead, they rely on acts of terror and, potentially, the use of weapons of mass destruction-weapons that can be easily concealed, delivered covertly, and used without warning.a?a?The targets of these attacks are our military forces and our civilian population, in direct violation of one of the principal norms of the law of warfare. As was demonstrated by the losses on September 11, 2001, mass civilian casualties is the specific objective of terrorists and these losses would be exponentially more severe if terrorists acquired and used weapons of mass destruction.a?a?The United States has long maintained the option of pre-emptive actions to counter a sufficient threat to our national security. The greater the threat, the greater is the risk of inactionand the more compelling the case for taking anticipatory action to defend ourselves, even if uncertainty remains as to the time and place of the enemys attack. To forestall or prevent such hostile acts by our adversaries, the United States will, if necessary, act pre-emptively.a?
As this is a model exam answer, you will have to provide the basics to show first a level of understanding and then attempt the answer the question in the main body.
In the introduction you must start with the basics, you must start with what is the use of force, the prohibition in the use of force, and the exception in the prohibition of the use of force (Self-defence and authorisation of the UNSC) (check specific articles in UN Charter and cases such as the caroline incident and the Nicaragua case).
Then in you main body you will attempt to answer the question. Analyse the issue of terrorism in association with the use of force/self defence. Is there a self-defence against terrorists? Can the terrorist actions be considered as armed conflicts under the UN Charter? Terrorists are non-stater actorsa¦ Is it possible for an individual to perform an armed attack in legal terms?a¦.You must always reference and support your argument and you must explore all the possibilities.
As this is a law essay, Check VARIOUS important International CASE LAW and Treaties , Covenants, conventionsa¦. relevant law to the topic.
Your conclusion must be based on your argument.
Each paragraph must be adequately referenced with footnotes.
Whatever you do, answer the question. As this is a model exam essay you must first demonstrate an understanding of the basic elements and then answer the question.
1) Write only what is relevant to the question
2) Write only what is important
3) Conditional (Explore all the possibilities) Can your argument go more than one way? (If it is thisa¦. then is thisa¦ However, if it is thata¦ then is thata¦)
4) Support everything that you are saying by evidence and authority
5) Conclusion based on arguments and arguments based on evidence.
Show evidence of reading using authorities: cases, quotes, textbooks, case law, statute, Practitioners books, materials for other law areas relevanta¦
Referencing Style: OSCOLA Footnotes
Language style: English UK (terms and terminology must also be english-UK)
Minimum referencing Sources: 10 (Case Law and Treaties Statutes are excluded and must be additional to that) At least 5 of this must be relevant Journal Articles and the other 5 must be International law books.
The statutes and cases that will be used must be properly referenced with their citations, dates and articles, sections, subsections.
Please include an adequate bibliography/references list at the end of the essay and use OSCOLA for writing the bibliography.
Please note that in the reference list you will need to add only the sources that you have used in the footnotes.
Criteria that must be met:
A comprehensive and detailed knowledge of major concepts and theories with evidence of a clear understanding of the limits of knowledge. Critical analysis and a convincing argument provide evidence of a thorough awareness of the pertinent issues relevant to the study. A wide range of the appropriate literature is used effectively. Learning outcomes achieved.
Please note that as this is an exam model answer, first you must establish the basics of the subject and then attempt to answer the question.
Please let me know if you require any further clarification.