Israel/Palestine, Operation Protective Edge 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 situation, of the territory and applicable law
1. (Doc A, paras 24-34,53-58; Doc B, Paras 2, 45, and 233) How would you classify the conflict in Gaza between June 13 and August 26? Who are the parties to it? Was there a conflict ongoing before this period? After? What are the reasons for your answer? (GC IV, Art 2; Hague Regulations Art. 42)
2.
a. (Doc A, Paras 26-30; Doc B, Para 45, Paras 116-263, Para 374; Doc C, Para. [19]) Is Gaza an occupied territory? According to Israel? What does the Inquiry Commission conclude? On what criterion is its conclusion based? What is the applicable law in this territory according to the Commission? According to Israel? (Hague Regulations, Art. 42)
b. Is the fact that hostilities were conducted from the Gaza Strip against Israel and Israel was unable to stop them evidence that it had no effective control over the Gaza Strip?
3. (Doc A, Paras 24-25, 32-35 and 39-45;, Para 234) Who was bound by which rules of IHL and International Human Rights Law during the operation Protective Edge?II. Conduct of hostilities
4. Targeting of individuals
a. (Doc. A, Para. 209) What is the status under IHL of the so-called terror targets? Are they combatants? Civilians? May any member of Hamas be targeted at all times? Any member of the military wing of Hamas?
b. (Doc A, Paras 208-209, Para 220; Doc B, Paras 263-269) What counts as having a continuous combat function within a group? Does the head of the financial and economic council of Hamas (as was Essam Al Daalis) qualify as targetable? What is the IDF position in this regard? When, according to the IDF report, can a civilian be targeted? In your opinion, does this align with IHL? ( P I, Arts. 50 and 51)
5. Targeting of objects:
a. (Doc. A, Paras 209 and 220) May a house be targeted merely because it is inhabited by a person who may be targeted, or must the house be used by that person? Is the fact that the house provides shelter enough to be considered as use? Does the fact that a military commander makes phone calls to his units from a house turn the latter into a command and control center?
b. (Doc A, Para 425-432, 445-448; Doc B, Paras. 155, Paras 280-281; Doc C, Paras [14]-[15]) Can a protected object such as the UNRWA School of Beit Hanoun lose its protection? How do you evaluate this attack with respect to the IHL rules on conduct of hostilities? (P I, Arts. 48, 51 and 52)
c. (Doc A, 450-455; Doc B, Para 392) How does IHL protect objects such as power plants? Can such an object be attacked? Under which circumstances? Does it change anything under IHL whether it was struck by Israeli forces or by Palestinian armed groups? May power plants be incidentally affected by attacks against legitimate targets in their vicinity? Could IHL have been violated even if the power plant was not targeted? (PI, Arts. 51, 52, 54, 56, and 57)
6. Proportionality
a) (Doc A, Para 88, Paras 470-479; Doc B, 253) What does the Commission have to say regarding urban warfare? Is the obligation to avoid locating military objectives near densely populated area an absolute one? What is the position taken in the IDF report in this regard? Did Israel violate its IHL obligations of passive precautions regarding the location of the Hatzor airbase and the IDF Headquarters? Did Hamas respect its passive precaution obligations? How do you differentiate between a violation of the prohibition to use human shields and the lack of passive precautions? (PI Arts. 51(7) and 58)
b) (Doc A, Paras. 408, 470-479; Doc B, Paras 326-329) May urban warfare justify the launch [of] an attack without being able to acquire [ ] all information regarding the likely collateral damage? According to the IDF Report? According to the Commission? According to you? (P I, Art. 57)
c) (Doc A, Paras 296 393, 394, and 447; Doc B, Para 318, Paras 330-332) What is relevant for the proportionality test according to the IDF Report? How does the Commission apprehend the force protection element in the proportionality test? How does the IDF report assess its military advantage? Does the protection of attacking forces figure in the proportionality evaluation or in the evaluation of whether the precautionary measures they could take are feasible? (PI, Art. 51 and 57)
d) (Doc A, Paras 352-370, Paras 393-394; Doc B, Paras 334-336) How is the abduction of an Israeli soldier dealt with by the IDF? How is the Hanibal Directive implemented? Is the Hanibal Directive in compliance with IHL rules on conduct of hostilities? According to the Commission? To the IDF Report? Does the liberation of a soldier captured by the enemy constitute a military advantage? May the advantage of not having to release hundreds of Palestinians in exchange for the soldier count in the proportionality evaluation? (PI, Art. 51)
e) (Doc A, Paras 84-85, 97; Doc B 114-117) Could the Palestinian rockets be prohibited per se by IHL because they are not very technologically advanced? What is the argument advanced in this regard by the IDF report? May Hamas rather argue that IHL cannot prohibit a party from using the only weapon it has capable of reaching Israel? (P I, Art. 35 and 51(4))
7. Precaution:
a) (Doc A, Paras 233-239, Para 264; Doc B, Paras 182, 185, 293-304, Para 313: Doc C, Para [13]) When can a warning be considered effective? How does the Commission assess the effectiveness of roof-knock warnings exercised by Israel? What are the most effective types of warnings used by the IDF in your opinion? (P I, Art. 57 (2) c))
b) (Doc A, Para 95; Doc B, Para 308) What is the nature of the obligation regarding warnings? When can it be permitted not to give any? Do you think the targeting of Danian Mansour fits such circumstances? (P I, Art. 57 (2) c))
c) (Doc. B, Para. 307) If an effective warning has been given and the addressees do not heed it, do the addressees turn into legitimate targets? Do they no longer count in the proportionality evaluation? Do they still benefit from other precautionary obligations of the attacker?
8. Human shields:
(Doc A, Paras 346, Doc B, Paras 157-165, Paras 306-307) What are the relevant IHL provisions regarding human shields? How are the civilians used to shield a target taken into account in the proportionality test by Israel? What about those who refused or failed to leave the area? Can they be considered voluntary human shields? Would it entail their targetability? (PI, Art. 51 (7))III. Treatment of persons
9. (Doc A, Paras 492-502; Doc B, Para 114-117) What are the relevant IHL provisions regarding the execution and the general treatment given to the suspected collaborators? Are those executions in compliance with IHL? With HRL? Are those persons covered by IHL although they are Palestinians in the hands of Hamas? Are they protected by GC IV? Why does the Commission of Inquiry refer to common Article 3? Does a non-international armed conflict exist between Hamas and the collaborators? (Common Art.3; GC IV, Arts. 4, 68, 75; CIHL, Rules 89, 91, 100)
10. (Doc A, Paras 324-326, Para 342; Doc B, 361-371)
a) What is the legal basis for the arrest and detention of dozens of Palestinian men and children mentioned at Para 324, Doc A? IHL? Domestic law? Can detainees captured in Gaza be transferred in Israel? How would you assess the legality of Samir Najars detention under IHL (Doc. B., Paras 365-366)? Under Human Rights Law? Is it lawful under IHL to arrest civilians for the mere purpose of interrogating them about the names of Palestinian fighters, and the location of tunnels and weapons depots.( GC IV Arts 31, 49 64, 78)
b) What is the general protection afforded by IHL to detainees? Why could the provisions concerning notifications of detention possibly not be applicable to the Gaza Conflict according to the IDF Report? Why could the provisions concerning the ICRC visits possibly not be applicable to the Gaza Conflict according to the IDF Report? With respect to family visits, does IHL contain such a right? (GC IV Arts 2, 4, 76, 136-140, 143)IV. Accountability
11. (Doc A, 658-661) Can the ICC prosecute the crimes committed in Gaza during the summer 2014? Why? Why not? Is the fact that Israel is not a Party to the Rome Statute relevant for your answer?
12. (Doc C, Para [19] and Para [24], [25 c]) Is it within the mandate of the UN Report to also assess jus ad bellum violations? According to the Hamas declaration? According to you? If Hamas right to resist occupation had been recognized by the Commission, would any of its findings have changed? Does IHL treat Israel and Hamas equally?
13. Are the Inquiry Commission and Israel diverging in the assessment of IHL violations in the conflict? Do those divergences mainly concern the law or the facts?
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!!