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Use of Force in International Law

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Cyber Warfare

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The use of digital attacks by a state to attack another nation's computers or information networks, causing comparable harm to that of conventional warfare. In international conflicts, the application of law to cyber warfare is evolving and presents challenges to traditional norms.

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Preventive War

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A strategy or doctrine of launching a war to prevent an enemy from acquiring the capability to pose a threat. In international conflicts, this doctrine is generally considered illegal under international law as it does not align with the accepted norms of jus ad bellum.

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Genocide Convention

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A treaty that codifies genocide as a crime under international law and obligates signatory states to prevent and punish the act of genocide. In the context of international conflicts, this convention is applied to confront and respond to acts of genocide.

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Armed Neutrality

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A doctrine of a state that maintains a neutral stance in external conflicts but sustains a military force to defend against potential infringements of its neutrality. In international conflicts, this principle ensures a country's defense while upholding its non-combatant status.

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Non-Combatant Immunity

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A principle of international humanitarian law that protects individuals not participating in hostilities during an armed conflict. Non-combatants should not be targeted in international conflicts, ensuring the protection of civilians and the wounded.

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Nuclear Non-Proliferation Treaty (NPT)

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An international treaty aimed at preventing the spread of nuclear weapons and technology, promoting the peaceful use of nuclear energy, and furthering the goal of disarmament. In international conflicts, it serves to regulate nuclear capabilities and reduce the risk of nuclear warfare.

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War of Aggression

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A military conflict waged without the justification of self-defense, typically without the sanction of a supranational authority. In international conflicts, it is considered a crime under international law, as codified by documents like the Rome Statute.

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Collective Security

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A system by which states agree to collective action, often including the use of force, to address threats to peace and aggression. In international conflicts, it is embodied by organizations like the UN, whereby collective measures are taken to maintain or restore international peace and security.

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Martial Law

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The imposition of direct military control over normal civilian functions by a government, particularly in response to a temporary emergency, such as invasion or major disaster. In international conflicts, it may be declared when a country faces a serious threat to its sovereignty or security.

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Jus in bello

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The legal norms that apply to the conduct of parties engaged in armed conflict, irrespective of the legality of the initiation of the conflict (jus ad bellum). Applications in international conflicts include adherence to the Geneva Conventions and the distinction and proportionality principles during warfare.

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Proportionality

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A principle in international law that requires the scale, duration, and intensity of a military action to be proportionate to the injury suffered. This is applied in international conflicts to evaluate the legality and ethicality of military responses.

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Peacekeeping

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The use of international personnel, typically military or police, to help maintain or restore international peace and security, often by consent of the parties involved. In international conflicts, peacekeeping is applied to provide a stable environment and support the implementation of a peace agreement.

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Declaration of War

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A formal announcement by a state's government that a state of war exists between it and another state. Declarations of war have become rare in international conflicts and are largely viewed as unnecessary due to the precepts of modern international law.

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Humanitarian Intervention

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A state's use of military force against another state when the chief publicly declared aim is to end human rights violations being perpetrated by the state against which it is directed. It is debated and controversial within the realm of international conflicts.

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Customary International Law

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A set of unwritten rules derived from the consistent practice of states followed from a sense of legal obligation. Within the context of international conflicts, these are used to determine practices that may justify or prohibit particular uses of force.

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Preemptive Self-Defense

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A controversial principle suggesting that a state may resort to the use of force in anticipation of an imminent armed attack. In international conflicts, its application raises debates about the legality of strikes against perceived threats before they fully materialize.

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Armed Attack

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An attack by a state against the sovereignty, territorial integrity, or political independence of another state, or in any other manner inconsistent with the Charter of the United Nations. Such acts in international conflicts provide a legitimate ground for self-defense under Article 51 of the UN Charter.

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No-Fly Zone

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A prohibition by a governing body on all unauthorized aircraft flights over a specific area or region. In international conflicts, a no-fly zone is imposed to protect civilians, limit a state's military capabilities, or prevent airborne attacks.

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UN Charter Article 2(4)

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A provision in the UN Charter that prohibits the threat or use of force against the territorial integrity or political independence of any state. In international conflicts, it serves as a fundamental legal restraint on the use of inter-state force and justifies actions under collective security.

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Jus ad bellum

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The legal norms that govern the right of a state to resort to the use of force, defining the conditions under which such force may be legally used. In international conflicts, it is applied to assess the legality of a state's decision to engage in armed conflict based on principles such as just cause, proportionality, and proper authority.

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UN Charter Article 51

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This article recognizes the inherent right of individual or collective self-defense if an armed attack occurs against a Member of the United Nations until the Security Council has taken the necessary measures. In international conflicts, it is often invoked to justify military actions purportedly taken in self-defense.

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Neutrality

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A legal status arising from a neutral state's abstention from any participation in a war between third states, conferring rights and duties such as not allowing belligerent troops to enter its territory. Neutrality is respected in international conflicts, provided the neutral state does not take sides or engage in the conflict.

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Self-Determination

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The principle that a people have the right to determine their own political status and pursue their own economic, social, and cultural development. This can lead to international conflicts when such aspirations are suppressed or are in tension with the territorial integrity of nations.

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Diplomatic Immunity

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A principle of international law that grants foreign diplomats protection from legal action in the country in which they are working. During international conflicts, this provides for the safe conduct of international relations even between belligerent parties.

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Blockade

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An act of war whereby one party prevents access to or from a specific territory by the opposing party, typically to ports and coastal areas. In international conflicts, a blockade must adhere to international law, being declared and effectively maintained to be lawful.

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Principle of Non-Interference

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A legal doctrine that prohibits states from interfering in the internal or external affairs of other states. This principle underlies much of international conflict law, emphasizing the sovereignty and equality of states and often serving as a basis for denying intervention.

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R2P (Responsibility to Protect)

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An international security and human rights norm that holds states responsible for protecting populations from genocide, war crimes, ethnic cleansing, and crimes against humanity. In international conflicts, R2P can justify interventions by the international community when a state fails to protect its population.

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Security Council Resolution

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A decision made by the UN Security Council that member states are obliged to comply with under the UN Charter. In international conflicts, these resolutions can authorize collective action, impose sanctions, or establish peacekeeping operations.

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Embargo

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An official ban on trade or other commercial activity with a particular country. In international conflicts, an embargo is used as a tool of economic coercion to influence the behavior of the targeted state, often part of economic sanctions or blockades.

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The Caroline Test

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A 19th-century formulation setting forth the customary international law conditions when a state may lawfully exercise preemptive self-defense: the necessity must be instant, overwhelming, leaving no choice of means, and no moment for deliberation. It is a test still referenced in international conflicts concerning the legality of preemptive actions.

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