Engaging Non-state Armed Groups on the Protection of Children Case Study
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Engaging Non-state Armed Groups on the Protection of Children Case Study
. IHL and Human Rights Law
1. Is international human rights law applicable in armed conflicts? How do you understand the principle of lex specialis? [See Case , ICJ/Israel, Separation Wall/ Security Fence in the Occupied Palestinian Territory (Part A, paras 101-106 and 127-130)] How do you determine whether IHL or international human rights law takes prevalence in situations of armed conflicts?
II. Enhancing compliance by non-state armed groups
2. What is the status of armed groups under international law? What obligations do they have? Under IHL? Under international human rights law? What is the reasoning behind differentiating them from states? What does IHL say about the legal status of armed groups? (GC I-IV, Art.3; P II, Art.3)
3. Can armed groups be subjects of international law? May they conclude treaties (peace treaties, IHL treaties etc)? Does IHL explicitly contain rules directly applicable to armed groups? Which obligations are binding on armed groups in non-international armed conflicts? What is the importance of customary IHL in terms of the law of non-international armed conflicts? Is it the same for armed groups and states? (GC I-IV, Art.3)
4. Why are armed groups bound by the IHL of non-international armed conflicts? How can an armed group express its intention to comply with the rules of IHL in international or non-international armed conflicts? Is an expression of their willingness to be bound necessary for them to be bound? If not, why would it nevertheless be useful to obtain their commitment to respect IHL? (GC I-IV, Art.3; P I, Art. 96 (3)) [See Case, UN, Secretary-Generals Reports on the Protection of Civilians in Armed Conflict)
5. Why do non-state armed groups have additional obligations when it comes to the recruitment of child soldiers? How could this difference in obligations be justified? With which principle of IHL could this difference of treatment conflict?
6. (Para. 1) What is the difference between direct participation in hostilities and to be use[d] in hostilities? [Document, ICRC, Interpretive Guidance on the Notion of Direct Participation in Hostilities]
III. Children7. How are children protected by IHL? What are the relevant provisions about the prohibition of the recruitment of children in armed conflicts? Is their protection different in international and non-international armed conflicts? (P I, Arts. 77-78; P II, Art.4(3); CIHL, Rules 135-137, Optional Protocol on the Convention on the Rights of the Child, on the Involvement of Children in Armed Conflict)
8. Are children allowed to voluntarily join military forces under IHL? To serve as fighters? To be spies? To cook in the military camp? Do your answers change for armed groups? Does IHL distinguish between children who willingly took up weapons and those who have been forced? (P I, Art. 77(2) and (3); P II, Art. 4(3)(c) and (d); ICC Statute, Arts 8(2)(b)(xxvi) and 8(2)(e)(vii))
9. What is the age threshold used for child soldiers? How has the Optional Protocol to the Convention on the Rights of the Child affected that threshold? How are children who directly participated in hostilities treated upon capture? (P I, Arts. 77-78; P II, Art.4(3); Optional Protocol on the Convention on the Rights of the Child, on the Involvement of Children in Armed Conflict)
10. Would a child participating in hostilities constitute a legitimate military target? May children be targeted when they directly participate in hostilities? How would you answer that question when considering the principle of military necessity? How do you understand the contradiction between affording children special protection and at the same time allowing the targeting of children taking direct part in hostilities? (P I, Art. 77; P II, Art.4(3))
Engaging Non-state Armed Groups on the Protection of Children Case Study
RUBRIC
Excellent Quality
95-100%
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
58-53 points
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
Content is somewhat organized, but no structure is apparent. The use of font, color, graphics, effects, etc. is occasionally detracting to the presentation content. Length requirements may not be met.
Poor Quality
0-45%
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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