The armed conflict in Syria 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. Qualification of the situation and applicable law
1. (Document A, paras. 1 2; Document B, paras. 15 18; Document C, para. 9)
a. When does a non-international armed conflict begin? Is there a threshold beneath which Art. 3 common to the Conventions does not apply? Is it necessary for a rebel group to control territory in order for Common Art. 3 to apply? In order to determine if the group is sufficiently organized? In order to determine whether the group is a party to the conflict?
b. Is it possible to have a non-international armed conflict only in part of States territory? When, where and to whom would IHL apply in this case?
c. If Syria had been a party to it, would AP II have applied? Is it customary law? Assuming AP II is customary law, would it be binding to all the parties involved in the conflict?
d. Are armed groups and States armed forces bound by exactly the same rules? In the field of IHL? Of international criminal law? Of international human rights law (IHRL)?
e. When the rules provided by the IHL of NIAC are insufficient, should reference be made to the rules of IAC by analogy or, instead, to IHRL?
II. Conduct of hostilities – General
a. Is the qualification of the conflict relevant for the applicability of the law on the conduct of hostilities?
b. Are the obligations to take precautionary measures and to respect the proportionality principle as prescribed in Art. 57 of AP I the same in international and non-international armed conflicts? Why? Because they can be derived from the actual practice of belligerents? Because they are necessary in order to comply with the substantive provisions?
3.
How would you explain Section IX of the ICRC Interpretive Guidance on the Notion of Direct Participation in Hostilities (i.e. whenever possible, capture should be preferred to killing)? Do you agree with this approach, considering the general situation in Syria? [See ICRC, Interpretive Guidance on the Notion of Direct Participation in Hostilities]
4. (Document A, para. 4)
Are the National Security Headquarters in Damascus a legitimate military objective? Why? (CIHL, Rules 7 10; P I, Art. 52)
5. (Document A, paras. 16 18)
How is a bakery protected under IHL? Under what conditions, if ever, can such a building become a legitimate target? Were the bakeries in the present case legitimate targets? Are FSA members carrying out policing functions legitimate targets? What is your assessment of the legality of the attacks on the bakeries in the present case? [See ICRC, Interpretive Guidance on the Notion of Direct Participation in Hostilities] (CIHL, Rules 1, 7, 11-21; P I, Arts 48, 51, 52 and 57)
6. (Document A, paras. 19 20)
What protection do hospitals enjoy under IHL? Can they become military targets? If yes, under what conditions? (CIHL, Rules 25, 27 and 30; P II, Art. 11; GC I, Arts. 19 and 21; GC IV, Arts 18 and 19; P I, Arts. 12, 13)
7. (Document A, paras. 21 28)
Was the attack on the Dar al-Shifa Hospital in Aleppo City lawful? Does it make a difference whether the hospital was displaying the red crescent emblem? Can the attack amount to a grave breach? (CIHL, Rules 7-10, 28, 30 and 151; P II, Art. 11; GC I, Arts. 19 22, 42, 50; GC IV, Arts. 18 19, 147; P I, Arts 12 13, 85)
8. (Document A, paras. 35 36)
How are schools protected under IHL? Under what circumstances, if ever, can such buildings become legitimate targets? Were the schools described in para. 42 43 legitimate targets? Was it lawful to attack them as described in the case? (CIHL, Rules 1, 7, 11-21; P I, Arts 48, 51, 52 and 57)
9. (Document A, paras. 35 36)
a. In this case, what were the obligations of the Syrian armed forces regarding precautions in attack? Under what circumstances should a warning be given? What do feasible and effective in Art. 57 P I mean? Is a warning effective only if civilians heed it? What kind of warning could have been given in relation to the attacks on schools?
b. What precautions must a defender take to protect the civilian population against the effects of attacks? Is it always possible to avoid locating military targets in populated areas? Is this a strict obligation under IHL? In light of Art. 51 (7) P I? (CIHL, Rule 23; P I, Art. 58)
10. (Document C, para. 4)
Is holding a city under siege a legitimate method of warfare? Does IHL prohibit siege or simply limit it? If the latter, how? Is your answer the same for both IAC and NIAC? If so, do the same rules apply in both cases?
III. Conduct of hostilities – Weapons
11. (Document A, paras. 7 15)
a. Are high explosive weapons unlawful? Do you agree with this statement: The frequency of government air strikes in Syria that have struck only civilians and civilian objects with high-explosive munitions in populated areas indicates that those ordering the air strikes have been acting deliberately or recklessly? Why/Why not?
b. If a party uses high-explosive weapons in densely populated areas, is it under an obligation to use precision guided munition, or smart munitions?
12. (Document A, paras. 29 34)
Are cluster bombs unlawful weapons? Is it necessarily prohibited to use them in densely populated areas? In what circumstances, if ever, can cluster bombs be used by states not parties to the Convention on Cluster munitions? [See Convention on Cluster munitions] (CIHL, Rule 17; P I, 51 (4) and 57 (2) (a) (ii))
13. (Document A, para. 34)
Considering that some casualties resulted from unexploded devices, do you think that, when assessing the proportionality of an attack, the expected civilian harm should also encompass casualties and harm over time? Even casualties and harm expected to occur after the end of the conflict? Does the law require the possibility of future civilian harm to be taken into account when evaluating the proportionality of an attack? (CIHL, Rule 14; P I, Art. 51 (5) (b))
III. Conduct of hostilities Starvation
14. (Document C, paras. 2, 10 12)
a. Is starvation an inevitable consequence of armed conflicts? How can one determine whether starvation of a besieged town comprising fighters and civilians constitutes prohibited starvation as a method of warfare against civilians? If a party uses starvation of civilians as a method of warfare, does it thereby commit a war crime? Would your response to the previous question change depending on whether a conflict is international or non-international in character? (CIHL, Rule 54; P II, Art. 14; P I, Art. 54; ICC Statute, Art. 8 (2) (b) (xxv); See The International Criminal Court)
b. Even if starvation as a method of warfare is not specifically directed at civilians, how may actions resulting in famine constitute a violation of IHL? In the context of the Syrian conflict?
15. (Document A, paras. 2 and 10)
Can a party to a conflict deny humanitarian organizations access to victims of war, in particular those suffering the effects of famine, without violating IHL? Can it deny the ICRC access to the victims? Can it deny other humanitarian organizations access? How do your responses to the above relate to the present case? (GC I IV, Art. 3; P II, Art. 18 (2); GC IV, Arts 23, 55 and 59-63; P I, Arts 69, 70 and 81).
IV. Status of the wounded and of medical personnel
16. (Document C, paras. 13 14)
What protection do medical workers enjoy in the present case? Is their capture always unlawful under IHL? In the present case? If they are captured in order to give treatment to wounded and sick fighters? (CIHL, Rule 25; GC I IV, Art. 3; P II, Arts. 9 10; GC I, Art. 28; GC III, Art. 33)
17. (Document C, paras. 15 25)
What are the parties obligations in relation to the treatment of wounded or sick people in the present case? Does IHL provide protection to women in this regard? (CIHL, Rules 110 and 134; GC I-IV, common Art. 3(2)) In light of what it is stated in para. 16, what are your considerations in relation to the situation of women in armed conflicts? Is it a case where the so-called special protection would be needed? Is IHL adequate in this regard?
V. Conduct of Hostilities – Displacement
18. (Document A, paras. 1 and 6, Document C, para. 3)
a. How would you qualify the displacement of civilians that occurred since 2012 under IHL? Does it make a difference legally whether the population fled to escape from the hostilities or because it was forcibly expelled? If it was because of the conduct of hostilities, does it matter whether IHL was respected or not in conducting those hostilities? Would it make a difference whether the population was forced to leave by the Syrian armed forces or by the rebels? Was the Syrian government bound by the prohibition of forced displacements? (CIHL, Rule 129; P II, Art 17)
b. What is the protection afforded by IHL to displaced persons? What other legal frameworks could be relevant in this regard?
VI. Conduct of Hostilities – Pillage
19. (Document C, paras. 10, 17 and 24)
a. Did armed opposition groups that looted premises, stole medical supplies and seized the Palestine Hospitals fleet of five ambulances commit violations of IHL? War crimes? (CIHL, Rule 52; GC IV, Art. 33)
b. Does the prohibition of pillage apply to armed groups? How is the applicability of this prohibition in non-international armed conflicts problematic?
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. |
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