Iraq Crimes by Militia Groups 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
I. Classification of the Conflict and Applicable Law
1. (Document A, paras [1]-[10])
a. How would you classify the situation in Iraq?
b. What is the role of the Shia Militia in this conflict? What law is applicable to the conduct of Shia Militia? Are all militia groups bound to respect IHL? Are there any conditions that a group must fulfil in order for the rules of IHL to address themselves to it?
c. Are the Militia or the government (or both) parties to the conflict? Does this matter for the IHL applicable to the conduct of the militia?II. Violations of IHL/IHRL
2.
a. (Document A) What violations of international law (both IHL and IHRL) does Amnesty International point to in its report? Which parties are responsible?
b. (Document A, paras [1], [6]) Amnesty International voices concern about the impunity with which militia groups are allowed to operate in Iraq. In your opinion, is the Government of Iraq responsible in the same way for human rights abuses suffered by civilians when it is unable to guarantee their rights, as opposed to when it is unwilling to do so?
c. (Document A, para. [12]) Can leaders and commanders of Shia militia be held responsible for war crimes?
d. (Document A, para. [13]) Can the Iraqi Government be held responsible for violations committed by Shia militia? Under IHL? Under Human Rights Law?III. Armed Forces/Armed Groups
3. (Document A, paras [8]-[9])
a. The report discusses the blurring of the distinction between the militia forces and governmental armed forces. Under what circumstances could a particular Shia militia group be considered part of the Iraqi Governments fighting forces?
b. Is it problematic from an IHL point of view that Shia militias fight side-by-side with regular armed forces, and even wear their uniforms?IV. Implementation by Armed Groups
4. (Document B) The author of the Advice and Guidance to Fighters, Al-Sayyid Ali al-Husseini al-Sistani, is Iraqs most influential Shiite cleric. Do you think his advice and guidance could have an impact on the behaviour of Shia militia members?
5. (Document B) In al-Sistanis Advice and Guidance to Fighters, we find echoes of rules and principles that are well-recognized in treaty and customary IHL. Could you provide examples of where in the Advice and Guidance to Fighters this is the case, and point out the specific IHL rules that are similar in each case? Are there any instructions that are similar to rules of IHRL? Are there any instances where the instructions contained in the Advice and Guidance to Fighters clashes with the rules of IHL? IHRL?
6. Upon reading and reflecting on al-Sistanis Advice and Guidance to Fighters, are there particular aspects of the Guidance that you find particularly striking? What are these? Why do they catch your attention?
7. (Document B, para. 2) Al-Sistani instructs: Do not indulge in acts of extremism, do not disrespect dead corpses, do not resort to deceit, do not kill an elder, do not kill a child, do not kill a woman, and do no not cut down trees unless necessity dictates otherwise. Can similar rules be found in IHL? (GC I-IV, Art. 3; GC I, Arts 12 and 17; GC IV, Art 16; P I, Arts 34(1), 35, 37 and 51(2); P II, Arts 4(2)(a) and 13(3); CIHL, Rules 1, 6, 43, 50, 113, 134 and 135)
8. (Document B, paras 4 and 5) Is there a guideline that advises the taking of precautionary measures? Which similarities does it show to the rules in IHL? Which differences? (P I, Arts 52 and 57 (2)(a)(i); P II, Arts 4 and 13; CIHL, Rules 1, 6 and 15)
9. (Document B, para. 5) Al-Sistani says that […] whatever they procured and used against you in the course of fighting, and whatever their army possessed and acquired belongs to you. Whatever is in their homes is an inheritance for their offspring according to the ordinance of God. You have no right over their women or over their offspring. Are there similar rules in IHL that protect from pillage? (Hague Regulations, Arts 28 and 47; GC IV, Art. 33(2); P II, Art. 4(2)(g); CIHL, Rules 52 and 111)
10. (Document B, para. 7) Al-Sistani prohibits discrimination based on religious beliefs. Does IHL distinguish on the basis of religion? Is there a need for such a rule under IHL? (GC I-IV, Art. 3; P II, Arts 2(1) and 4(1); GC I, Art. 12(2); GC II, Art. 12(2); GC III, Art. 16; GC IV, Art. 27(3); CIHL, Rule 88)
11. (Document B, paras 10 and 13) According to the guidelines set out by Al-Sistani, an attack is only justified when committed in self-defence? Is this the IHL rule? Why not?
12. (Document B, para. 19) Al-Sistani advices the civilian population to cooperate with Shia’s Militia. Is there a similar obligation under IHL?
RUBRIC
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