Prisoners of War, Ethiopias Claim 4 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
A. Prisoners of War, Ethiopias Claim 4
Was the IHL of international armed conflicts applicable to the conflict between Eritrea and Ethiopia? Even though Eritrea was not a party to the Geneva Conventions? (GC I-IV, Art. 2)
Was Convention III applicable to that conflict even before 14 August 2000, the date of Eritreas accession to the Geneva Conventions? Did at least Ethiopia, as a party to the Convention, have to respect it? (GC I-IV, Art. 2)
Why did Eritrea not succeed to Ethiopia as a party to the Geneva Conventions?
Are there specific criteria for assessing whether Convention III corresponds to customary international law? Why? Do you agree that the examples offered by Eritrea, mentioned in para. 29 of the Award, do not correspond to customary international law? What requirements of Convention III does the Commission find are not requirements of customary international law?What is the legal basis and purpose of the ICRCs right to visit POWs? Does such a right exist even in conflicts where the parties are represented by Protecting Powers? (GC III, Arts 10(3) and 126; CIHL, Rule 124)
Are procedural rules, mechanisms or institutions for implementation prescribed by treaties particularly unlikely to become part of customary international law? Is the ICRCs right to visit POWs such a procedural rule or mechanism of implementation? Why does it nevertheless correspond to customary international law? Is the Commissions conclusion on this issue based on an analysis of State practice? (GC III, Art. 126; CIHL, Rule 124)
What impact of ICRC visits upon respect for IHL is shown by the Commissions findings?
May persons be protected by both Convention I and III? In which circumstances? (GC I, Art. 14)
Is Article 121 of Convention III applicable to the killing of enemy soldiers at the time of capture? Immediately before capture? (GC III, Arts 4 and 13; P I, Art. 41)
Must the medical care required for POWs be provided according to one single standard or does the standard vary according to the general health standards and resources of the parties involved? In this regard, are your thoughts in terms of housing, clothing, food, conditions of evacuation, working conditions or criminal proceedings similar to those in terms of medical care? (GC III, Arts 15, 20, 25, 26, 27, 30, 51, 82, 87, 102 and 105)
In which main fields has the Commission found that Eritrea violated IHL? Which of Ethiopias claims were rejected? For reasons relating to the interpretation of Convention III? For reasons relating to the insufficient severity of the violations? Because the factual basis of those claims could not be established?
Is it lawful and appropriate for the Commission not to establish all the violations committed by the parties, but only serious violations? What are the reasons for such a limitation? What do those reasons indicate about Convention III?
What are the reasons for the ICRCs refusal to give its consent to the parties to provide the Commission access to its reports? Could the parties have provided those reports to the Commission despite the ICRCs refusal? On what basis do parties to an armed conflict have an obligation to respect the ICRCs confidentiality?
B. Prisoners of War, Eritreas Claim 17Was the IHL of international armed conflicts applicable to the conflict between Eritrea and Ethiopia?
Was Convention III applicable to that conflict even before 14 August 2000, the date of Eritreas accession to the Geneva Conventions? Did at least Ethiopia, as a party to the Convention, have to respect it? (GC I-IV, Art. 2)
In which main fields has the Commission found that Ethiopia violated IHL? Which of Eritreas claims were rejected? For reasons relating to the interpretation of Convention III? For reasons relating to the insufficient severity of the violations? Because the factual basis of those claims could not be established?Must the medical care required for POWs be provided according to one single standard or does the standard vary according to the general health standards and resources of the parties involved? In this regard, are your thoughts in terms of housing, clothing, food, conditions of evacuation, working conditions or criminal proceedings similar to those in terms of medical care? (GC III, Arts 15, 20, 25, 26, 27, 30, 51, 82, 87, 102 and 105)
What do you think of the Commissions statement in para. 138 that scarcity of finances and infrastructure cannot excuse a failure to grant the minimum standard of medical care required by international humanitarian law. The cost of such care is not, in any event, substantial in comparison with the other costs imposed by the armed conflict?When should Ethiopia have repatriated all Eritrean POWs? According to the Commission? According to Art. 118 of Convention III?
When do active hostilities cease, making the repatriation of POWs compulsory under Art. 118 of Convention III? Is a cease-fire agreement sufficient? Must it actually be implemented? What if hostilities cease without an agreement?
Do you agree with the findings of the Commission in paras 145 and 160? Are they compatible with the wording of Art. 118 of Convention III? Has state practice (the Commission refers to it in para. 148) modified the sense of Art. 118? Does the Commission consider that repatriations may be lawfully suspended if the enemy fails to comply with its repatriation obligations? Is that compatible with Art. 13 of Convention III? Justified under the law of treaties? (See Art. 60 of the Vienna Convention on the Law of Treaties, quotation above in Part I, Chapter 13. IX. 2 c) dd)) May this be justified under the law of State responsibility [See International Law Commission, Articles on State Responsibility [Art. 50]]
Assuming, like the Commission, that the obligation to repatriate POWs may be subject to certain considerations of reciprocity, may a State temporarily suspend repatriations of POWs who were registered by the ICRC, pending clarification by the enemy of the fate of missing servicemen who were not registered by the ICRC, if it believes those persons to have been captured by the enemy? According to para. 160 of the Award? In your opinion? What is the risk for the prisoners if their repatriation is linked to clarification of the fate of missing persons? How long does it usually take to clarify the fate of persons who went missing during a conflict? Is the obligation to repatriate POWs an obligation of result? Is the obligation to provide information on persons reported as missing an obligation of result? (GC III, Arts 13, 118 and 122(7); P I, Art. 33)
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. 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