Colombia Peace Agreement 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
I. Classification of the Conflict and Applicable Law
1. (Document A, paras 1, 44, 50)
a. How would you classify the situation between the armed forces of Colombia and the FARC-EP?
b.What is the applicable law?
c. What is the effect of a special agreement in the sense of GC I IV, Art. 3? Does the absence of a special agreement reduce the obligations incumbent upon the parties to the conflict, with respect to the applicable treaty and customary IHL rules? (GC I IV, Art. 3; GC I III, Art. 6; GC I, Art. 63; GC II, Art. 62; GC III, Art. 142; GC IV, Art. 7 and 158; GC I IV; P I; P II; CIHL)
d.When can an agreement between the parties to the conflict be considered a special agreement? Can it be considered as such if it merely repeats already existing obligations of the parties to the conflict?
e. Is the agreement between the Government of Colombia and the armed group FARC-EP a special agreement in the sense of GC I IV, Art. 3? Which provisions implement IHL? Which do not? What is the risk of mixing political provisions and humanitarian provisions in the same agreement? Does the quote from the ICRC Commentary in Document A, para. 50 imply that entire peace agreements may constitute special agreements according to common Article 3? (GC I IV, Art. 3)
f. Does IHL foresee that Common Article 3 special agreements may or must be deposited with the Swiss federal Council?
g. Is the peace agreement binding on the Government of Colombia and the armed group FARC-EP? Are the parties to the NIAC bound by the whole of IHL, even if they included in the special agreement only specific IAC rules? Why? According to GC I IV, Art. 3(4), does the fact that the FARC-EP are able to conclude a special agreement imply a recognition of belligerency or of international legal personality of the group? (GC I IV, Art. 3)II. Temporal Scope of Application of IHL
2.(Document A, para. 50) What is the temporal scope of application of IHL of non-international armed conflicts? What is the meaning of the statement cited in Document A, para. 50 thathostilities do not always come to an end with the conclusion of a peace agreement? Do some IHL provisions continue to apply, even after the end of an armed conflict? Under IHL, is there any obligation upon States during peacetime? (See ICTY, The Prosecutor v. Tadi?, Appeals Chamber, Decision, 1995, para. 70; P II, Arts 2 and 19; GC I, Arts 5, 47 and 48; GC II, Arts 48 and 49; GC III, Arts 5,127 and 128;GC IV, Arts 6, 144 and 145; P I, Arts 3 and 83)
3. (Document A, para. 22) What are the responsibilities of the Commission for Truth, Reconciliation and Non-Recurrence? Under IHL, is there a right to truth for the families of the victims? (CIHL, Rule 117; GC I, Art. 16; GC II, Art. 19)
4. (Document A, paras 23 26) What IHL obligations do the Government of Colombia and the FARC-EP maintain after the conclusion of the Peace Agreement? What are the obligations towards the dead and the missing? Does the agreement provide for a mechanism for the identification of the dead and the search for the missing as required by IHL? What are the responsibilities of the Special Missing Persons Unit responsible for searching for people reported missing in connection with or as a result of the conflict? Must this unit equally inform the family about who is responsible for the death of their relative? Are the IHL rules on treatment of human remains adequately reflected in the Peace Agreement? What is the role of the ICRC in this process? (CIHL, Rules 112, 113, 114, 115 and 116; GC I, Art. 16 and 17; P I, Arts 33 and 34)
III. Amnesties
5. (Document A, paras 27 37; Document B, paras 56 61) What is theSpecial Jurisdiction for Peace, established by the Agreement? What are its objectives? Over which crimes does it have jurisdiction?
6. (Document A, para. 29; Document B, para. 57) How are the crimes committed as a result of, in the course of or directly or indirectly in connection with the armed conflict defined in Document A, para. 29? Would you suggest that this is an adequate definition of the nexus required for IHL to apply to conduct in an armed conflict?
7. (Document A, paras 37, 41 42; Document B, paras 52 54, 58, 62) Who can benefit from the amnesty provided by the Law 1820/16? What are the effects of the amnesty? Which crimes are amnestiable under the Amnesty Law? Which crimes are excluded? Do you agree with the definition of war crimes provided by the Law in Document B, para. 58 as any violation of international humanitarian law committed in a systematic manner? Why? Why not? May war crimes be covered by such an amnesty if they were not committed systematically? Is this compatible with the customary obligations of States regarding war crimes? Does the Amnesty Law relieve the State of Colombia from its obligations to investigate and prosecute war crimes if they were not committed systematically? (P II, Art. 6(5); CIHL, Rules 158 and 159)
8. (Document A, paras 18, 49, 53, 57 58) How does the Agreement regulate the identification of members of the FARC-EP? How is the identification linked with the grant of the amnesty? Is there any procedural guarantee secured to the members of the FARC-EP deprived of their liberty as a consequence of the delivery of the lists to the governmental authorities?
9. (Document A, paras 38 40; Document B, para. 60)
a. How does IHL address the responsibility of commanders and other superiors for war crimes committed by their subordinates?
b.What rules does the Agreement provide to govern the criminal prosecution of agents of the Colombian State? Is the different treatment for members of State armed forces and for members of armed opposition groups justified? For what kind of conduct listed in Document A, paras 34 and 35 would State agents need and deserve an amnesty? Or at least the special treatment foreseen in Document B, para. 53?
c. What criterion does the Agreement establish to determine the command responsibility of members of the armed forces for crimes committed by their subordinates? Is the same criterion valid for leaders of the FARC-EP? Is the difference justified? Is it foreseen in IHL? Is it compatible with IHL? How does the agreement define effective control in Document A, para. 40? (P I, Art. 86 and 87; CIHL, Rule 153)
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
CLICK ON THE LINK HERE: https://www.perfectacademic.com/orders/ordernow
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!!