UN Security Council Resolution on the 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
Conflict classification and applicable law
1. (Para. 1)a. From the facts of the present case, how would you classify the conflict in Syria? What are the IHL rules applicable?
b. What is the importance of customary IHL in terms of the law of non-international armed conflicts? Is the customary IHL of non-international armed conflicts the same for armed groups and for States?
c. What other branch(es) of international law also inform the legal framework applicable to the present case? What is the relationship between these different legal frameworks?
d. Why does the Resolution refer to the human rights abuses committed by armed groups? Are armed groups bound by international human rights law (IHRL)? By IHL? Why/Why not?
II. Humanitarian assistance
2. (Preambular para. [10])a. When may outside organisations provide assistance to persons affected by armed conflicts? What kind of assistance may be provided? To what categories of beneficiaries? (CIHL, Rule 55; GC I-IV, Art. 3; GC IV, Arts. 23 and 59; P I, Arts 69 and 70; P II, Art. 18 (2))
b. Does the provision of humanitarian assistance require the consent of the territorial state? Even if the assistance is to be delivered to areas controlled by the enemy? (CIHL, Rule 55; GC I-IV, Art. 3; GC IV, Arts. 23 and 59; P I, Arts 69 and 70; P II, Art. 18 (2))
c. Is a state confronted with a NIAC free to give or withhold its consent? When, if ever, does the withholding of consent violate IHL? (CIHL, Rule 55; GC I – IV, Art. 3; P II, Art. 18 (2))
d. Does IHL prohibit an arbitrary withholding of consent? When is withholding of consent arbitrary?
3. (Paras. 4 8)
Under IHL, is Syria under an obligation to allow access by international aid organizations to all those in need? To allow access to the ICRC? If Protocol II were applicable, would your answer to the above question change? Would Syria be under an obligation to allow access to international aid organizations in situations where the government is unable to meet the humanitarian needs of the population? (CIHL, Rule 55; GC I-IV, Art. 3; P II, Art. 18 (2))
4. (Paras. 4 8)a. a) What are the differences between the ICRC and other international or non-governmental organizations? What is the importance of neutrality for a humanitarian organization?
b. b) Generally, why do you think States are reluctant to allow humanitarian organizations to engage with armed groups? What could be done to deal with the problem?
5. (Para 5)
Is the deliberate starving of civilians forbidden by IHL? In non-international armed conflicts? In the present case? Is it a war crime? A crime against humanity? (CIHL, Rule 53; GC I-IV, Art. 3; P II, Art. 14; P I, Art. 54)
6. (Para. 5)
Do the demands listed in para. 5 of the Resolution have their equivalent under IHL? Is there an obligation under IHL for parties to agree on humanitarian pauses and days of tranquillity to enable safe relief actions by humanitarian agencies?
7. (Paras. 8 and 11)
What are the parties obligations in relation to the treatment of wounded or sick people under the IHL of non-international armed conflicts? Are medical workers under obligation to prioritize when it comes to caring for wounded and sick persons? In the present case (CIHL, Rule 110; GC I-IV, common Art. 3(2); P II, Art. 7)
III. Internally displaced persons and refugees
8. How does the IHL of non-international armed conflicts protect internally displaced persons and refugees?
IV. Detention
9. (Para. 11)a. What legal framework would you use to assess whether or not a detention is arbitrary in the present case? Are the legal bases for your assessment the same for detention by governmental forces and armed groups? (CIHL, Rule 124; GC I-IV, Art. 3; GC III, Art. 21; GC IV, Art. 42, 78; ICCPR, Art. 9)
b. When can a civilian be said to have been arbitrarily detained in the context of an IAC? NIAC? Can UN personnel ever be detained? (GC I-IV, Art. 3; P II, Art. 5; GC IV, Arts. 42, 78; P I, Art. 75; ICCPR, Art. 9)
c. Can IHL offer some protection against enforced disappearances? Please explain why/why not with reference to the present case?
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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