Belgium and Brazil Explanations of Vote on Protocol II Case Study
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
a. In which situations does Art. 3 common to the Geneva Conventions apply? When does Protocol II become applicable? (P II, Art. 1) Is its field of application the same as common Art. 3?
b. Is Belgiums explanation concerning the field of application of common Art. 3 correct? If it was not explicitly reaffirmed, why is Belgium so sure?
c. Which aspects of common Art. 3 were neither developed nor reaffirmed by Protocol II? Can you imagine why? Are those parts of common Art. 3 still valid? Or have they become obsolete?
d. What does Belgium mean when it states that the right of the ICRC to offer its services is equally applicable to both sides in a non-international armed conflict? May the ICRC offer its services to only one side? If only one side accepts its services, may the ICRC deploy its activities only on that side? Even if it is the rebel side?
2.
a. Who normally determines whether an international treaty is applicable to a State Party? A judge? The State Party concerned?
b. Who determines the applicability of Protocol II? Do you agree with Brazil that only the government of the State on whose territory the conflict is allegedly taking place may recognize the applicability of Protocol II? Which concerns does such a manner of recognition raise? Does such a manner of recognition exist for the four Conventions or Protocol I? And more specifically for common Art. 3? Why would States find common Art. 3 and Protocol II to be more problematic?
c. If the decision were again left to the government alone, would this not undermine much of the purpose of Art. 1 of Protocol II, which is to define the elements of armed conflict in such a way that authorities can no longer deny the existence of a conflict?
3. Is Protocol II based on the principle of equality of the parties to the conflict, thus imposing the same duties and granting the same rights on both sides?
4. Does the applicability or application of the IHL of non-international armed conflicts have any effect on the legal status of the parties to the conflict? Has the application of either common Art. 3 or Protocol II been used for the purpose of claiming recognition?
RUBRIC
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