Sri Lanka Naval War against Tamil Tigers 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. Classification of the Conflict and Applicable Law:
1. (Document A, paras [1]-[2], Document B, paras [1]-[3]) How would you classify the situation in Sri Lanka at the beginning of the 2000s? (GC I-IV, Arts 2 and 3; P I, Art. 1; P II, Art. 1)
2. (Document B, para. [1]) Under what circumstances will fighting against a guerrilla organization amount to an armed conflict? What criteria must be fulfilled for such fighting to be regarded as an armed conflict? What law is applicable to such conflicts? (GC I-IV, Arts 2 and 3; P I, Art. 1; P II, Art. 1)
3. What evidence can you find in this case to support the view that the requisite criteria to classify the fight between the Tamil Tigers and the Sri Lankan Armed Forces as a non-international armed conflict are fulfilled? (GC I-IV, Arts 2 and 3; P I, Art. 1; P II, Art. 1)
4. Could this situation be classified as a war of national liberation? What criteria would have to be met for the situation to be classified as such? Does Additional Protocol I of the Geneva Conventions apply to this situation? (P I, Art. 1(4))
5. Do you think the legal framework applicable to blockades and armed conflicts at sea the same for both international and non-international armed conflicts? (GC I-IV, Arts 2 and 3; P I, Art. 1; P II, Art. 1; San Remo Manual on International Law Applicable to Armed Conflicts at Sea, 12 June 1994, Rules 1 and 2)II. Naval Warfare and Naval Blockade
6. What is the San Remo Manual on International Law Applicable to Armed Conflicts at Sea? Does it constitute a legally binding set of rules?
7. Where, at sea, may hostile actions in the context of an armed conflict be carried out? Under which conditions may they take place outside these zones? (San Remo Manual, Rule 10)
8. (Document A, para. [5])
a. Are belligerent ships allowed to disguise themselves? By flying the flags of other countries on their ships, do the Sea Tigers violate any rules of IHL? Are the Sea Tigers obliged to distinguish their vessels from the ordinary ships that sail the international shipping lane? Is the strategy of the LTTE to mingle during the day in international shipping lanes and attacking only at night in accordance with IHL? Under which conditions would it be legal? (San Remo Manual, Rules 110 and 111)
b. Since the LTTE often disguises its ships, under what conditions may the Sri Lankan forces search merchant vessels that might be LTTE vessels? (San Remo Manual, Rules 112 – 124)
9. (Document B, para. [2]) Does IHL apply to the arrest by the Sri Lankan Navy of the three LTTE members? Does the law of naval warfare apply?
10. (Document B, paras [7]-[8]) Were the Sri Lankan Police obliged by IHL to care for the LTTE members who had attempted to end their lives through cyanide poisoning? Who does IHL oblige to care for the wounded, sick and shipwrecked? Armed forces? Police forces? Fishermen? Is your answer the same in IACs and NIACs? (CIHL Rule 110; GC I-IV, Art. 3; P II, Art. 7; P II, Art. 8; P I, Art. 10; GC II, Art. 12).
11. (Document B, para. [11]) If the capsized Navy vessel and the shipwrecked sailors were encountered by Sea Tigers, what would the obligations of the latter have been towards the former? Would the Sea Tigers have violated IHL by leaving the sailors at the mercy of the ocean? If the Sea Tigers had rescued the sailors, would they have been entitled to detain them?
12. (Document B, paras [5], [14]-[16])
a. Do the basic rules on the conduct of hostilities apply to attacks from the sea that produce their effects on land? (See, for guidance, P I, Art. 49)
b. Based on Document B, do you think that the principles of precaution and proportionality in attack have been followed by the parties involved?
c. How would you classify the Sea Tigers order to fishermen not to set out on their tasks and their order to those already in the water to withdraw right before their military manoeuvre? (CIHL Rule 15; CIHL Rule 20; P I, Art. 57 (2) c).
13. (Document A, para. [4]) According to this document, the Sri Lankan forces tried to halt supplies reaching the LTTE.
a. Is a blockade unlawful under the laws of war? Does IHL contain a definition of a blockade? Does this depend on its type (naval, aerial, land blockade)? Do IHL treaties regulate blockades? (CIHL, Rule 53; San Remo Manual, Rules 102-103)
b. Does your answer depend on whether the conflict is international or non-international? If you consider that the legal institution of blockade does not apply to non-international armed conflicts, could the government nevertheless prohibit ships from entering its ports and/or inspect such ships?
c. What may render a blockade unlawful? Under IHL? Under IHRL?
d. Does the Sri Lankan government have obligations under IHL or IHRL vis-à-vis the Tamil population?
e. Do the parties involved have an obligation to allow free passage of humanitarian relief supplies? (GC IV, Art. 23; P I, Art. 70; P II, Art. 18; CIHL, Rule 55; San Remo Manual, Rules 102-103)
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). 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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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