International Law Commission Report Case Study
Order ID: 89JHGSJE83839 Style: APA/MLA/Harvard/Chicago Pages: 5-10 Instructions:
1. (Art. 7 and Commentary to Art. 10 adopted on first reading)
Is a State responsible for all acts committed by members of its armed forces? Even if those members contravened the orders given? Even if they acted in their private capacity? Does the rule found in IHL reflect the general rule or is it more demanding for States? (Hague Convention IV, Art. 3; P I, Art. 91)
2. (Art. 8)
a. When and in what circumstances may an individual engaged in an armed conflict against his government be considered as an agent for a foreign Sate? According to the International Court of Justice (ICJ) in the case of Nicaragua v. United States? [See ICJ, Nicaragua v. United States] According to the International Criminal Tribunal for the former Yugoslavia (ICTY) in the Tadic case? [See ICTY, The Prosecutor v. Tadic] According to the International Law Commission (ILC)? In your opinion?
b. Did the ICTY have to answer the same question as the ICJ in the Nicaragua case? According to the ICTY? According to the ILC? What do you think? Is the fact decisive that the ICJ considered the behaviour of a State and the ICTY that of an individual?
3. (Art. 9)
a. Is a State whose authority disintegrates during a conflict responsible for the behaviour of groups or individuals trying to restore order? What are the practical consequences of such a responsibility? Are the acts committed by participants in a levée en masse attributable to the State? (HR, Art. 2; GC III, Art. 4(A)(6))
b. When is a State whose authority disintegrates during a conflict responsible for violations of IHL committed by a group or individuals who are not trying to restore order? What are the practical consequences of such responsibility? Are the Articles adapted to this problem?
4. (Art. 10)
a. In what circumstances is a State responsible for violations of IHL committed by a rebel movement? Is the rebel movement itself responsible for the violations it commits? Is the rebel movement responsible if it does not become the new government of a State? (GC I-IV, Art. 3)
b. Is it acceptable that responsibility for violations of IHL by a rebel movement depends on that movements success? Does it also depend on the legitimacy of its struggle?
c. When can we say that a movement is sufficiently organized for the State, of which it later becomes the government, to be responsible for the violations of IHL committed by that movement before obtaining power? From what level of organization does the movement itself become responsible for its violations? (GC I-IV, Art. 3; P II, Art. 1)
5. (Art. 16)
When can we consider that a State is aiding or assisting another State to commit violations of IHL? Are the obligations contained in Art. 1 common to the Geneva Conventions and to Protocol I the same as those contained in Art. 16 of the Articles? Is the supplying of weapons, when the supplier knows that they will be used in violations of IHL, itself a violation of IHL? Is the supplying of weapons whose use is banned by IHL a violation of IHL? For it to be a violation, must both States be subject to the ban? Is there illegal aid if only the supplier State is subject to the ban? Is there wrongful aid if only the buyer State is subject to the ban, but not the supplier State?
6. (Art. 21)
May self-defence ever be a circumstance which precludes wrongfulness of what would otherwise be a violation of IHL by a State? Does the same apply to a grave breach committed by an individual? [ICC Statute, Art. 31(1)(c), See The International Criminal Court [A. The Statute]]
7. (Art. 25)
a. May necessity be a circumstance precluding wrongfulness of what would otherwise be a violation of IHL by a State? If yes, in what circumstances? Why may it generally not be invoked for this purpose? Is it because IHL implicitly excludes this possibility?
b. Which rules of IHL allow certain behaviour in the case of military necessity? Are they primary or secondary rules?
c. May necessity be a defence for a grave breach of IHL by an individual? [ICC Statute, Art. 31(1)(c), See The International Criminal Court [A. The Statute]] In what circumstances? Are the answers to questions a. and c. the same? Are they determined by the same rules?
8. Does Art. 26 in itself not imply that Arts 21 and 25 of the Articles can never be invoked to justify a violation of IHL?
9. In the case of a violation of IHL, does the responsible State have duties towards the individuals who are victims of the violation (GC I-IV, Arts 6/6/6/7, 7/7/7/8 and 51/52/131/148 respectively)? Even if the individuals are nationals of the responsible State? How can these victims invoke this responsibility? Do Art. 3 of Hague Convention IV and Art. 91 of Protocol I imply that victims may seek compensation?
10. What duties does a State have when it is responsible for a violation of IHL?
11. Are the general rules on forms and content of reparation all fully applicable in the case of violations of IHL? Who must pay compensation to whom?
12. (Arts 40 and 41)
a. Which violations of IHL come under Chapter III of Part Two of the Articles?
b. What is the relationship between Art. 41(1) of the Articles, Art. 1 common to the Geneva Conventions and to Protocol I, and Art. 89 of Protocol I? Does this first provision mean that Art. 89 is also valid in non-international armed conflicts?
c. What are the lawful means to be used in order to put a stop to violations of IHL? Must they have been prescribed by IHL? By international law? Is it sufficient that they are not contrary to a prohibition in international law? May the legality of a method also flow from the legality of countermeasures that violate rules other than IHL? Are the conditions of Arts 49-51 of the Articles applicable to countermeasures taken by third States under Art. 41(1) of the Articles? Under Art. 1 common to the Conventions and to Protocol I?
d. Is Art. 54 of the Articles applicable for violations covered by Chapter III of Part Two of the Articles?
13. (Arts 42 and 48)
a. Which is the injured State in the case of a violation of IHL? Of a violation of the IHL of non-international armed conflict? Do Art. 1 common to the Conventions and Art 1(1) of Protocol I mean that all States Parties are injured in the case of a violation of IHL?
b. If not, which violations of IHL entitle States other than the injured State to invoke State responsibility? All violations of IHL? Must these States act together?
c. What is the relationship between Art. 48 of the Articles and Art. 1 common to the Conventions and to Protocol I?
d. What is the relationship between Art. 48(1)(b) and Art. 41(1) of the Articles?
14. (Arts 49-51)
a. May a State injured by a violation of IHL take countermeasures? If yes, which ones? What are the limits?
b. May a State injured by a violation of international law (humanitarian or other) take countermeasures that consist in the temporary non-execution of its obligations under IHL? At least obligations that do not preclude their violation as a reprisal? (GC I-IV, Arts 46/47/13(3)/33(3) respectively; P I, Arts 20, 51(6), 52(1), 53(c), 54(4), 55(2) and 56(4); CIHL, Rules 145-147)
c. Are reprisals that are not banned by IHL but which consist in the non-performance of obligations under IHL (for example the use of certain weapons against combatants) prohibited by Art. 50(1)(d) of the Articles?
d. Is the use of famine as a countermeasure against a civilian population prohibited? In an armed conflict, does this prohibition come from IHL or from Art. 50(1)(b), (c) or (d) of the Articles? (P I, Art. 54; CIHL, Rule 53)
15. (Art. 54)
a. What measures does Art. 54 allow a third State to take in response to a violation of IHL by another State? In this case are countermeasures allowed? Does Art. 54 preclude countermeasures which violate international law (other than humanitarian)?
b. Is Art. 1 common to the Conventions and to Protocol I lex specialis with regard to Art. 54 of the Articles and if so, does it authorize countermeasures by all States if IHL is violated?
16. (Art. 55)
List some special rules of IHL on State responsibility.
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
You Can Also Place the Order at www.collegepaper.us/orders/ordernow or www.crucialessay.com/orders/ordernow International Law Commission Report Case Study
International Law Commission Report Case Study