Afghanistan Code of Conduct for the Mujahideen Case Brief
Order ID |
53563633773 |
Type |
Essay |
Writer Level |
Masters |
Style |
APA |
Sources/References |
4 |
Perfect Number of Pages to Order |
5-10 Pages |
Description/Paper Instructions
1. Which provisions of this code are incompatible with IHL? Which conform to IHL? Which deal with issues not covered by IHL?
I. Qualification and applicable law
2. According to the Code, who are the Mujahideen fighting against? Are they involved in an armed conflict? If yes, in an international or a non-international armed conflict? Does this make a difference for Islamic law? Does IHL apply to all Mujahideen acts?
3. Does the Code of Conduct refer to civilians? Does it distinguish between who may and may not be attacked? According to the Code, who may not be killed or harmed by the Mujahideen? Does this category correspond to that of civilians under IHL? According to the Code, who may be attacked? Does this category correspond to combatants or fighters under IHL? (P I, Art. 52; CIHL, Rules 1, 5-6)
II. Protection of persons
4. (Arts 7-9)
a. Who do the following categories refer to: local or foreign enemy, employee, soldier, contractor or other worker of the slavery administration, and infidel warrior? Do any of these categories correspond to a category under IHL? Does the Code provide information about when such persons may be arrested and detained? Under IHL, when could such persons be arrested and detained? If the fighting is an international armed conflict? If it is an armed conflict not of an international character?
b. What does the Code say about the way these categories of persons are to be treated during detention? Does the Code provide for the fundamental guarantees granted to prisoners of war by IHL? Does it provide for the fundamental guarantees granted to civilians deprived of their liberty? Does it provide for the fundamental guarantees granted to those detained for reasons related to a non-international armed conflict? (GC III, Arts 84-88; GC IV, Arts 43 and 78; P II, Arts 5-6; CIHL, Rules 118-128)
c. (Arts 7-9, 54) What does the Code say about hostage-taking and kidnapping? Are they prohibited under IHL? Can money be demanded in exchange for someones release? (GC I-IV, Art. 3; GC IV, Arts 34 and 147; P I, Art. 75(2)(c); P II, Art. 4(2)(c); CIHL, Rule 96)
5. (Art. 8) Under IHL, can an employee, soldier, contractor or other worker be punished solely because he is working for the enemy administration? Can soldiers be punished because they are participating in hostilities? For what acts can they be punished? For what acts can civilians be punished? Can anyone be sentenced to death? (GC I-IV, Art. 3; GC III, Arts 99-100; GC IV, Arts 68, 75 and 126)
6. (Art. 10) What do you think of Art. 10? Under IHL, can the detaining authorities ever kill a prisoner? What should a party to a conflict do when it is not able to detain captured enemies? (GC I-IV, Art. 3; GC III, Arts 13 and 130; P I, Art. 41(3))
7. (Art. 11) What does the Code say about policemen and soldiers who surrender? Does IHL distinguish between forced capture and surrender? Should a person be treated differently according to the way he was made prisoner? Does surrender grant broader protection under IHL?
8. (Art. 12) What does the Code say about spies? Does it offer them judicial guarantees when captured? What does IHL say about spies? What protection should they be granted? Can spies be sentenced to death? (GC I-IV, Art. 3; HR, Arts 29-31; GC IV, Arts 5 and 68; P I, Arts 45(3), 46 and 75)
9. (Art. 18) What do you think of the second sentence of Art. 18? Is there a corresponding provision under IHL? Is taking pictures prohibited only when the person being photographed has been executed? (GC III, Art. 13(2); GC IV, Art. 27(1))
10. (Art. 21) Under IHL, can private contractors be arrested and detained on the grounds that they are supplying material to a party to the conflict? Can all private contractors be considered as participating in hostilities? Does it depend on what kind of material / service they supply to the parties?
11. (Art. 50) What does Art. 50 mean? Can you find a corresponding provision in IHL? (P I, Art. 77(2); P II, Art. 4(3)(c); CIHL, Rules 136-137)
12. (Art. 51) Is there a provision under IHL corresponding to Art. 51 of the Code? What does IHL say about mutilations? Is the prohibition of mutilations limited to cutting certain parts of the body? (GC III, Art. 13; GC IV, Art. 32; P I, Art. 11(2)(a); P II, Art. 4(2)(a); CIHL, Rules 87, 90-92)
III. Protection of property
13. (Arts 19-21) Under IHL, may private property be destroyed? May it be destroyed only when it contributes to the military action of the enemy? Is supplying or performing services for the enemy a contribution to military action? (HR, Art. 23(g); GC IV, Art. 53; CIHL, Rules 50-51)
14. (Arts 23-25, 52-53, 58) Does the Code distinguish between public property and private property? Does such a distinction exist under IHL? When, if ever, may the public property of a party be taken by the enemy as booty of war? Is it lawful to take the weapons of an enemy who has surrendered or been captured? When, if ever, may private property be taken? Can money ever be taken from private individuals? (HR, Arts 23(g), 46, 53, 56; CIHL, Rules 49-52)
IV. Conduct of hostilities
15. (Art. 20) Can someone transporting material for the enemy be considered a legitimate target? Can the cars be shot at? Can they be destroyed when no one is inside? When someone is driving? Does it make a difference whether the driver can be considered as directly participating in hostilities?
16. (Arts 41(C) and 46) Does the Code specify how hostilities should be conducted? Could Art. 46 be understood as an obligation to take precautionary measures?
17. (Art. 41) Are Martyrdom attacks always unlawful? Are they lawful if they do not target civilians? How should the legality of Martyrdom attacks be assessed under IHL? (P I, Arts 51(5)(b), 52, 57 and 58; CIHL, Rules 7-24)
18. (Art. 63) What do you think of Art. 63 of the Code? Under IHL, is it lawful for fighters to hide among the civilian population? What are the risks if the Mujahideen cannot be distinguished from the civilian population? How else could the Mujahideen fight successfully against government and Western forces? (GC I-IV, Art. 3; P I, Arts 44(3) and 48; CIHL, Rules 1 and 106)
V. Responsibility
19. (Arts 34-37, 46-47 and 67) Are the Mujahideen an organized group under a command responsible for the acts of its subordinates? Does the Code provide for sanctions or disciplinary measures if violations are committed? Who may be held responsible for violations of the Code? Can you find similar provisions in IHL? (GC I-IV, Arts 49/50/129/146 respectively; P I, Arts 86-87; P II, Art. 1; CIHL, Rules 152-154)
20. Is this Code preferable to no instructions at all? Is it preferable to a declaration to comply with the Geneva Conventions and Protocol I?
RUBRIC
QUALITY OF RESPONSE |
NO RESPONSE |
POOR / UNSATISFACTORY |
SATISFACTORY |
GOOD |
EXCELLENT |
Content (worth a maximum of 50% of the total points) |
Zero points: Student failed to submit the final paper. |
20 points out of 50: The essay illustrates poor understanding of the relevant material by failing to address or incorrectly addressing the relevant content; failing to identify or inaccurately explaining/defining key concepts/ideas; ignoring or incorrectly explaining key points/claims and the reasoning behind them; and/or incorrectly or inappropriately using terminology; and elements of the response are lacking. |
30 points out of 50: The essay illustrates a rudimentary understanding of the relevant material by mentioning but not full explaining the relevant content; identifying some of the key concepts/ideas though failing to fully or accurately explain many of them; using terminology, though sometimes inaccurately or inappropriately; and/or incorporating some key claims/points but failing to explain the reasoning behind them or doing so inaccurately. Elements of the required response may also be lacking. |
40 points out of 50: The essay illustrates solid understanding of the relevant material by correctly addressing most of the relevant content; identifying and explaining most of the key concepts/ideas; using correct terminology; explaining the reasoning behind most of the key points/claims; and/or where necessary or useful, substantiating some points with accurate examples. The answer is complete. |
50 points: The essay illustrates exemplary understanding of the relevant material by thoroughly and correctly addressing the relevant content; identifying and explaining all of the key concepts/ideas; using correct terminology explaining the reasoning behind key points/claims and substantiating, as necessary/useful, points with several accurate and illuminating examples. No aspects of the required answer are missing. |
Use of Sources (worth a maximum of 20% of the total points). |
Zero points: Student failed to include citations and/or references. Or the student failed to submit a final paper. |
5 out 20 points: Sources are seldom cited to support statements and/or format of citations are not recognizable as APA 6th Edition format. There are major errors in the formation of the references and citations. And/or there is a major reliance on highly questionable. The Student fails to provide an adequate synthesis of research collected for the paper. |
10 out 20 points: References to scholarly sources are occasionally given; many statements seem unsubstantiated. Frequent errors in APA 6th Edition format, leaving the reader confused about the source of the information. There are significant errors of the formation in the references and citations. And/or there is a significant use of highly questionable sources. |
15 out 20 points: Credible Scholarly sources are used effectively support claims and are, for the most part, clear and fairly represented. APA 6th Edition is used with only a few minor errors. There are minor errors in reference and/or citations. And/or there is some use of questionable sources. |
20 points: Credible scholarly sources are used to give compelling evidence to support claims and are clearly and fairly represented. APA 6th Edition format is used accurately and consistently. The student uses above the maximum required references in the development of the assignment. |
Grammar (worth maximum of 20% of total points) |
Zero points: Student failed to submit the final paper. |
5 points out of 20: The paper does not communicate ideas/points clearly due to inappropriate use of terminology and vague language; thoughts and sentences are disjointed or incomprehensible; organization lacking; and/or numerous grammatical, spelling/punctuation errors |
10 points out 20: The paper is often unclear and difficult to follow due to some inappropriate terminology and/or vague language; ideas may be fragmented, wandering and/or repetitive; poor organization; and/or some grammatical, spelling, punctuation errors |
15 points out of 20: The paper is mostly clear as a result of appropriate use of terminology and minimal vagueness; no tangents and no repetition; fairly good organization; almost perfect grammar, spelling, punctuation, and word usage. |
20 points: The paper is clear, concise, and a pleasure to read as a result of appropriate and precise use of terminology; total coherence of thoughts and presentation and logical organization; and the essay is error free. |
Structure of the Paper (worth 10% of total points) |
Zero points: Student failed to submit the final paper. |
3 points out of 10: Student needs to develop better formatting skills. The paper omits significant structural elements required for and APA 6th edition paper. Formatting of the paper has major flaws. The paper does not conform to APA 6th edition requirements whatsoever. |
5 points out of 10: Appearance of final paper demonstrates the student’s limited ability to format the paper. There are significant errors in formatting and/or the total omission of major components of an APA 6th edition paper. They can include the omission of the cover page, abstract, and page numbers. Additionally the page has major formatting issues with spacing or paragraph formation. Font size might not conform to size requirements. The student also significantly writes too large or too short of and paper |
7 points out of 10: Research paper presents an above-average use of formatting skills. The paper has slight errors within the paper. This can include small errors or omissions with the cover page, abstract, page number, and headers. There could be also slight formatting issues with the document spacing or the font Additionally the paper might slightly exceed or undershoot the specific number of required written pages for the assignment. |
10 points: Student provides a high-caliber, formatted paper. This includes an APA 6th edition cover page, abstract, page number, headers and is double spaced in 12’ Times Roman Font. Additionally, the paper conforms to the specific number of required written pages and neither goes over or under the specified length of the paper. |
|
|
GET THIS PROJECT NOW BY CLICKING ON THIS LINK TO PLACE THE ORDER
Also, you can place the order at www.collegepaper.us/orders/ordernow / www.phdwriters.us/orders/ordernow
|
Do You Have Any Other Essay/Assignment/Class Project/Homework Related to this? Click Here Now [CLICK ME] and Have It Done by Our PhD Qualified Writers!! |
|
|