International Law Commission Report 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
1. (Art. 7 and Commentary to Art. 10 adopted on first reading)
Is a State responsible for all acts committed by members of its armed forces? Even if those members contravened the orders given? Even if they acted in their private capacity? Does the rule found in IHL reflect the general rule or is it more demanding for States? (Hague Convention IV, Art. 3; P I, Art. 91)
2. (Art. 8)
a. When and in what circumstances may an individual engaged in an armed conflict against his government be considered as an agent for a foreign Sate? According to the International Court of Justice (ICJ) in the case of Nicaragua v. United States? [See ICJ, Nicaragua v. United States] According to the International Criminal Tribunal for the former Yugoslavia (ICTY) in the Tadic case? [See ICTY, The Prosecutor v. Tadic] According to the International Law Commission (ILC)? In your opinion?
b. Did the ICTY have to answer the same question as the ICJ in the Nicaragua case? According to the ICTY? According to the ILC? What do you think? Is the fact decisive that the ICJ considered the behaviour of a State and the ICTY that of an individual?
3. (Art. 9)
a. Is a State whose authority disintegrates during a conflict responsible for the behaviour of groups or individuals trying to restore order? What are the practical consequences of such a responsibility? Are the acts committed by participants in a levée en masse attributable to the State? (HR, Art. 2; GC III, Art. 4(A)(6))
b. When is a State whose authority disintegrates during a conflict responsible for violations of IHL committed by a group or individuals who are not trying to restore order? What are the practical consequences of such responsibility? Are the Articles adapted to this problem?
4. (Art. 10)
a. In what circumstances is a State responsible for violations of IHL committed by a rebel movement? Is the rebel movement itself responsible for the violations it commits? Is the rebel movement responsible if it does not become the new government of a State? (GC I-IV, Art. 3)
b. Is it acceptable that responsibility for violations of IHL by a rebel movement depends on that movements success? Does it also depend on the legitimacy of its struggle?
c. When can we say that a movement is sufficiently organized for the State, of which it later becomes the government, to be responsible for the violations of IHL committed by that movement before obtaining power? From what level of organization does the movement itself become responsible for its violations? (GC I-IV, Art. 3; P II, Art. 1)
5. (Art. 16)
When can we consider that a State is aiding or assisting another State to commit violations of IHL? Are the obligations contained in Art. 1 common to the Geneva Conventions and to Protocol I the same as those contained in Art. 16 of the Articles? Is the supplying of weapons, when the supplier knows that they will be used in violations of IHL, itself a violation of IHL? Is the supplying of weapons whose use is banned by IHL a violation of IHL? For it to be a violation, must both States be subject to the ban? Is there illegal aid if only the supplier State is subject to the ban? Is there wrongful aid if only the buyer State is subject to the ban, but not the supplier State?
6. (Art. 21)
May self-defence ever be a circumstance which precludes wrongfulness of what would otherwise be a violation of IHL by a State? Does the same apply to a grave breach committed by an individual? [ICC Statute, Art. 31(1)(c), See The International Criminal Court [A. The Statute]]
7. (Art. 25)
a. May necessity be a circumstance precluding wrongfulness of what would otherwise be a violation of IHL by a State? If yes, in what circumstances? Why may it generally not be invoked for this purpose? Is it because IHL implicitly excludes this possibility?
b. Which rules of IHL allow certain behaviour in the case of military necessity? Are they primary or secondary rules?
c. May necessity be a defence for a grave breach of IHL by an individual? [ICC Statute, Art. 31(1)(c), See The International Criminal Court [A. The Statute]] In what circumstances? Are the answers to questions a. and c. the same? Are they determined by the same rules?
8. Does Art. 26 in itself not imply that Arts 21 and 25 of the Articles can never be invoked to justify a violation of IHL?
9. In the case of a violation of IHL, does the responsible State have duties towards the individuals who are victims of the violation (GC I-IV, Arts 6/6/6/7, 7/7/7/8 and 51/52/131/148 respectively)? Even if the individuals are nationals of the responsible State? How can these victims invoke this responsibility? Do Art. 3 of Hague Convention IV and Art. 91 of Protocol I imply that victims may seek compensation?
10. What duties does a State have when it is responsible for a violation of IHL?
11. Are the general rules on forms and content of reparation all fully applicable in the case of violations of IHL? Who must pay compensation to whom?
12. (Arts 40 and 41)
a. Which violations of IHL come under Chapter III of Part Two of the Articles?
b. What is the relationship between Art. 41(1) of the Articles, Art. 1 common to the Geneva Conventions and to Protocol I, and Art. 89 of Protocol I? Does this first provision mean that Art. 89 is also valid in non-international armed conflicts?
c. What are the lawful means to be used in order to put a stop to violations of IHL? Must they have been prescribed by IHL? By international law? Is it sufficient that they are not contrary to a prohibition in international law? May the legality of a method also flow from the legality of countermeasures that violate rules other than IHL? Are the conditions of Arts 49-51 of the Articles applicable to countermeasures taken by third States under Art. 41(1) of the Articles? Under Art. 1 common to the Conventions and to Protocol I?
d. Is Art. 54 of the Articles applicable for violations covered by Chapter III of Part Two of the Articles?
13. (Arts 42 and 48)
a. Which is the injured State in the case of a violation of IHL? Of a violation of the IHL of non-international armed conflict? Do Art. 1 common to the Conventions and Art 1(1) of Protocol I mean that all States Parties are injured in the case of a violation of IHL?
b. If not, which violations of IHL entitle States other than the injured State to invoke State responsibility? All violations of IHL? Must these States act together?
c. What is the relationship between Art. 48 of the Articles and Art. 1 common to the Conventions and to Protocol I?
d. What is the relationship between Art. 48(1)(b) and Art. 41(1) of the Articles?
14. (Arts 49-51)
a. May a State injured by a violation of IHL take countermeasures? If yes, which ones? What are the limits?
b. May a State injured by a violation of international law (humanitarian or other) take countermeasures that consist in the temporary non-execution of its obligations under IHL? At least obligations that do not preclude their violation as a reprisal? (GC I-IV, Arts 46/47/13(3)/33(3) respectively; P I, Arts 20, 51(6), 52(1), 53(c), 54(4), 55(2) and 56(4); CIHL, Rules 145-147)
c. Are reprisals that are not banned by IHL but which consist in the non-performance of obligations under IHL (for example the use of certain weapons against combatants) prohibited by Art. 50(1)(d) of the Articles?
d. Is the use of famine as a countermeasure against a civilian population prohibited? In an armed conflict, does this prohibition come from IHL or from Art. 50(1)(b), (c) or (d) of the Articles? (P I, Art. 54; CIHL, Rule 53)
15. (Art. 54)
a. What measures does Art. 54 allow a third State to take in response to a violation of IHL by another State? In this case are countermeasures allowed? Does Art. 54 preclude countermeasures which violate international law (other than humanitarian)?
b. Is Art. 1 common to the Conventions and to Protocol I lex specialis with regard to Art. 54 of the Articles and if so, does it authorize countermeasures by all States if IHL is violated?
16. (Art. 55)
List some special rules of IHL on State responsibility.
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
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