Spain Universal Jurisdiction over Grave Breaches of the Geneva Conventions 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
I. Universal Jurisdiction and the Grave Breaches regime
1. What is universal jurisdiction? What is the difference between the regime of mandatory universal jurisdiction for grave breaches under the Geneva Conventions and other regimes which foresee universal jurisdiction for international crimes? What are the details of the regime established over grave breaches in the Geneva Conventions and the First Additional Protocol? What has Additional Protocol I added? Why do you think Additional Protocol II does not contain a similar provision? (GC I, Arts 49 and 50; GC II, Arts 50 and 51; GC III, Arts 129 and 130; GC IV, Arts 146 and 147; P I, Art. 85)
2. (Paras [2], [4] [5]) What is, according to the Court, the object and purpose of the grave breaches regime? If we consider that universal jurisdiction should operate only as a measure of last resort to ensure there are no accountability gaps, what obligations do States have to comply with before universal jurisdiction can be invoked? What obligations do States have with regards to war crimes more generally?
3. Does customary international law establish a mandatory or a permissive universal jurisdiction regime over war crimes? (CIHL Rule 157)
4. Does the obligation to exercise universal jurisdiction over grave breaches established by the Geneva Conventions and Additional Protocol I imply the obligation to enact national law covering such breaches (legislative universal jurisdiction) or the obligation to investigate and try alleged offenders of the relevant acts (adjudicative universal jurisdiction)? Both? Absent a legal basis in its domestic legislation, could Spain exercise adjudicatory universal jurisdiction over grave breaches based directly on international law? Does this depend on the Spanish legal system?
5. (Para. [2]) Do you agree with the statement of the Court: Universal jurisdiction [ ] does not, however, mean that States are necessarily obliged to initiat[e] an investigation in absentia into international crimes committed in any part of the world, even if the alleged perpetrators are not within their reach? Why/Why not? Does the lack of jurisdiction by Spain imply that investigative authorities may not begin their investigations as long as the alleged perpetrator is not on Spanish territory, not even in view of arresting and trying him/her once he/she comes to Spain? (GC I-IV, Art. 1; GC I, Art. 49 (2); GC II, Art. 50 (2); GC III, Art. 129 (2); GC IV, Art. 146 (2); P I, Art. 85 (1))
6. (Para. [5]) Do you agree with the Courts argument that the imperative system of universal jurisdiction over grave breaches established by the Geneva Conventions does not create an obligation upon High Contracting Parties to search for alleged perpetrators outside of their territory, to claim jurisdiction over them under any circumstances? In your opinion, do the grave breaches provisions also imply that Spain should take action when it is in a position to investigate and collect evidence concerning possible grave breaches, even if an alleged perpetrator is not present on its territory or under its jurisdiction? (GC I-IV, Art. 1; GC I, Art. 49 (2); GC II, Art. 50 (2); GC III, Art. 129 (2); GC IV, Art. 146 (2); P I, Art. 85 (1); GC I, Art. 49, Commentary, 2016; GC II, Art. 50, Commentary, 2017)
7. In your opinion, does the limitation on the exercise of universal jurisdiction imposed by the law LO1/2014 unnecessarily restrict the possibility of prosecuting suspected offenders? Can this legislative limitation, if set forth in a clear and precise manner, increase instead the effectiveness and predictability of universal jurisdiction? Can, in your opinion, the condition of the presence of the suspect on the territory of the prosecuting State help overcome the possible challenge of concurrent universal jurisdiction by several States over grave breaches?II. The obligation to prosecute or extradite
8. (Paras [4] [5]) Is the obligation to prosecute or extradite alleged suspects of grave breaches restricted to the parties on whose territory the suspects are found? Why/Why not? What analysis does the Court carry out to interpret GC IV, Art. 146? Do you agree with the Courts literal interpretation? And with the Courts systemic interpretation of the article? Are these considerations only valid for GC IV? (GC I, Art. 50; GC II, Art. 51; GC III, Art. 130; GC IV, Art. 147; P I, Art. 85)
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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