UN Security Council Resolution on the Conflict in Syria Case Study
Order ID: 89JHGSJE83839a Style: APA/MLA/Harvard/Chicago Pages: 5-10 Instructions:
UN Security Council Resolution on the Conflict in Syria Case Study
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?UN Security Council Resolution on the Conflict in Syria Case Study
RUBRIC
Excellent Quality
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Introduction 45-41 points
The background and significance of the problem and a clear statement of the research purpose is provided. The search history is mentioned.
Literature Support
91-84 points
The background and significance of the problem and a clear statement of the research purpose is provided. The search history is mentioned.
Methodology
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Content is well-organized with headings for each slide and bulleted lists to group related material as needed. Use of font, color, graphics, effects, etc. to enhance readability and presentation content is excellent. Length requirements of 10 slides/pages or less is met.
Average Score
50-85%
40-38 points
More depth/detail for the background and significance is needed, or the research detail is not clear. No search history information is provided.
83-76 points
Review of relevant theoretical literature is evident, but there is little integration of studies into concepts related to problem. Review is partially focused and organized. Supporting and opposing research are included. Summary of information presented is included. Conclusion may not contain a biblical integration.
52-49 points
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37-1 points
The background and/or significance are missing. No search history information is provided.
75-1 points
Review of relevant theoretical literature is evident, but there is no integration of studies into concepts related to problem. Review is partially focused and organized. Supporting and opposing research are not included in the summary of information presented. Conclusion does not contain a biblical integration.
48-1 points
There is no clear or logical organizational structure. No logical sequence is apparent. The use of font, color, graphics, effects etc. is often detracting to the presentation content. Length requirements may not be met
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UN Security Council Resolution on the Conflict in Syria Case Study