ICRC, Iran/Iraq Memoranda 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
Discussion
What must States Parties do in order to fulfil their obligation under Art. 1 common to the Conventions and Protocol I to ensure respect for IHL? What may they do? What may they not do?
Must States Parties act to ensure respect for IHL only when the ICRC appeals to them to do so? What meaning do ICRC appeals, such as the two Memoranda, have in terms of the obligation of the States Parties? Does such an appeal mean that in certain situations the normal and specific mechanisms for the implementation of IHL do not work?
What criteria would you suggest to the ICRC for deciding whether to issue an appeal to all States Parties on violations in a specific situation?
Did the two Memoranda respect the Red Cross principles of neutrality and impartiality? Was it necessary for the ICRC under those principles to criticize both Iran and Iraq? Because of the denounced violations? Because under those two principles the ICRC may never criticize only one side of an armed conflict?
In the Memoranda, is the revelation to all States Parties of facts the ICRC learned through its visits to prisoners of war compatible with the ICRCs working principle of confidentiality?Did Iran and Iraq have an obligation to designate Protecting Powers? Can you imagine why no Protecting Powers were designated? (GC I-IV, Arts 8/8/8/9 respectively)
If a Protecting Power is designated, can it replace the ICRC for visits to prisoners of war? What is the advantage of a Protecting Power acting parallel to the ICRC? What are the strong points of a Protecting Power? What are the strong points of the ICRC? (GC III, Arts 10 and 126)Has the ICRC a right to visit prisoners of war? Even those who do not want to be visited by the ICRC? Why are ICRC visits important? (GC III, Arts 7 and 126; CIHL, Rule 124)
Can you imagine why Iran impeded ICRC visits to Iraqi prisoners of war? Why did Iran and Iraq try to conceal certain categories of prisoners of war from the ICRC? Which categories? How may the ICRC have learned about the existence of those hidden prisoners?
Why does the ICRC insist on visiting prisoners and interviewing them without witnesses? Does the ICRC have a right to insist on the latter condition? (GC III, Art. 126) Should the ICRC renounce interviewing without witnesses if it heightens tension between different groups of prisoners?Do efforts of a Detaining Power to indoctrinate prisoners of war to put them under ideological and political pressure with the aim of turning them against their own government violate IHL? Even if no prohibited means (e.g., threats, intimidation, or deprivation of rights to which they are entitled under Convention III) are used? Which provisions of Convention III are violated?
May prisoners of war sever their allegiance towards the Power on which they depend? What are the risks and interests involved in answering this question? Does a severing of their allegiance deprive them of their prisoner-of-war status? May they renounce their status? (GC III, Art. 7)
May a Detaining Power release prisoners of war who sever their allegiance to the power on which they depend? (GC III, Arts 16 and 21; CIHL, Rule 128)
May prisoners of war voluntarily join the armed forces of the Detaining Power? Do they keep their prisoner-of-war status if they do so? (GC III, Arts 7, 23, 52 and 130)
Has the Detaining Power a responsibility for the killing of prisoners who keep their allegiance by prisoners who have severed their allegiance to the Power on which they depend? For killings of the latter by the former? What action must the Detaining Power take to avoid such events? May it or must it separate these two categories of prisoners? What are the risks of such a separation? (GC III, Arts 13, 16, 22, 121 and 122)By which means does IHL ensure that a family is informed about the capture and detention of a prisoner of war? May prisoners of war renounce some or all of those means used to inform their families? What reasons could they have for doing so? (GC III, Arts 69, 70, 122 and 123; CIHL, Rules 125 and 126)
Who must enable prisoners of war to fill in capture cards? Can capture cards be filled in even when the ICRC is impeded from visiting prisoners of war? Has the ICRC a right to register prisoners of war? Even those who do not wish to be registered? Why is the registration of prisoners of war important to the ICRC? (GC III, Arts 70, 122, 123 and 126; CIHL, Rule 123)
Must death certificates for prisoners of war indicate the cause of death? For enemy soldiers found dead on the battlefield? (GC I, Art. 16; GC II, Art. 19; GC III, Art. 120; CIHL, Rule 116)
Did Iran have an obligation to inform the ICRC about sentences passed against prisoners of war? (GC III, Art. 107)Must a detaining power repatriate seriously wounded and seriously sick prisoners during the hostilities? Why? Even if the enemy does not do so? (GC III, Arts 13(3), 109 and 110)
Who decides whether a prisoner of war is seriously wounded or seriously sick? What happens if that body is unable to agree on who is seriously wounded or seriously sick? (GC III, Arts 110-113 and Annex II)Could Iraq lawfully detain Iranian civilians it found while its offensive advanced on Iranian territory? In which cases? Could Iraq lawfully evacuate Iranian civilians living in Iranian territories it controlled once Iraq had to retreat from those territories under the pressure of an Iranian counter-offensive? At least those among them who were lawfully detained? (GC IV, Arts 49 and 76-79)
May Iraq detain civilians in prisoner-of-war camps? If it respects all the provisions of Convention IV applicable to them? (GC IV, Arts 76 and 84)
Are Iraqi civilian refugees in Iran protected persons under Convention IV? Under which circumstances has the ICRC the right to assist them? (GC IV, Arts 4, 23 and 44; P I, Arts 70 and 73)How can the ICRC know about summary executions of captured soldiers? When is a party to a conflict responsible for executions of individual enemy soldiers, immediately after their capture, by individual members of its armed forces who were not ordered to execute them? Were such individual enemy soldiers prisoners of war? (Hague Convention IV, Art. 3; GC I-IV, Arts 49/50/129/146; GC III, Arts 5 and 12; CIHL, Rule 149)
How can the ICRC know that wounded enemies were executed or abandoned on the battlefield?Does the indiscriminate bombardment of towns and villages violate IHL, although neither Iran nor Iraq were party to Protocol I? Does it make a difference for IHL that such towns were more than 200 km away from the front line? Is the concept of a military objective different on the front-line compared with 200 km away?
Were such bombardments even less admissible under IHL when they were announced as reprisals? (GC IV, Art. 33(3); P I, Arts 51(6) and 52; CIHL, Rules 146-147) Under which conditions do reprisals that would amount to violations of treaty-based IHL, are admissible under customary IHL?
Do the violations of IHL mentioned in the two Memoranda discredit the rules of IHL? Did those rules apparently have no influence on the Parties? Did they have a protective effect for the victims of the conflict?
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