Pontevedro is an area within the state of Kabulstan. Kabulstan is a military dictatorship that does not permit any participation by civilians in public life. The population of Pontevedro are ethnically distinct from the majority population. Five years ago, civil disorder in Pontevedro led to the police and army withdrawing from the territory. Since that time, no Kabulstan state laws have been enforced in Pontevedro. On 1 January this year, the selfappointed ‘leadership council’ in Pontevedro declared the unilateral independence of Pontevedro, and applied for membership of the United Nations. Following the declaration, Kabulstan troops entered Pontevedro, with reports of serious and widespread human rights abuses. Following the military operation by Kabulstan, the neighbouring state of Mangoa sent its troops across the border into Pontevedro. The UN Security Council adopted a (fictitious) resolution (SC Res. 5000), under Chapter VII, which demanded that both states ‘refrain from any use of force in relation to the dispute.’ The fighting between Kabulstan and Mangoa intensified, taking place on the territories of Pontevedro, Kabulstan, and Mangoa. Arguing a right of self-defence against the aggression of Kabulstan, troops from Mangoa entered Kabulstan, took control of the state, and declared their intention to ‘impose democracy on this rogue state.’
Evaluate the international law issues in the scenario above, paying particular attention to the use of military force by Kabulstan and Mangoa.
What are the legal problems and issues?
What is the Applicable Law?
How would you structure this question?
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- Thread Starter
- 09-01-2015 22:13
- 19-02-2018 10:52
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State A is under the dictatorship of General X who heavily oppresses its population. Among other things, he prevents women from entering the workforce and being represented in government, he promotes mass sterilization of the indigenous population, and he authorizes torture of people deemed to be “high value terrorists”. This oppression fuels resistance movements across the whole country, leading to serious disturbances and riots in the major cities of State A. General X responds with military force and very soon there are hundreds of dead and seriously injured people. This situation causes a large refugee flow from State A to State B, which causes further destabilization in the region.
State B decides to intervene in State A in order to ‘avert a humanitarian catastrophe’, as it declares. Before intervening, State B tries to get a Security Council authorization to support its action, but the resolution does not pass due to State A’s veto. The intervention is successful and General X is ousted from power. You are requested to advise State A on whether the intervention was lawful.