Italy Use of force against ambulances in Iraq Case Study
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Italy Use of force against ambulances in Iraq Case Study
Discussion
1. (Paras. 12 16, 28 30)
a) How would you classify the conflict in Iraq in August 2004? What then is the applicable law for this case? (See also Case Iraq, The End of Occupation)
b) (Paras. 12 16, 28 – 30) What are Rules of Engagement (RoE)? In general, in case there is a contradiction between an IHL rule and RoE, which should prevail? In the present case, what in your opinion is the IHL rule to which the RoE referred? What is and in your opinion what should be – the impact of the RoEs in the present case?2. (Paras. 1, 4 – 7, 9, 35)
a) (Paras. 1, 4, 7, 9, 35) For what purpose was the emblem of the red crescent used in this situation? Did this use of the emblem constitute misuse? Does misuse of the protected emblems always constitute a war crime? In the present case? ( CIHL, Rules 59, 156; HR, Art. 34; GC I, Art. 53; P I, Art. 37 (1) (d), 38 and 85 (3) (f))
b) (Paras. 1, 5 7, 9, 35) Are medical vehicles protected under IHL? In all circumstances? If they are not marked by a protective emblem? If the protective emblem marked on them is not visible? Was the Iraqi vehicle protected in the present case? (CIHL, Rules 28, 30, 59; P II, Art. 11; P I, Art. 13 (1) and 21)3. (Paras. 1, 7, 10) Who were the persons in the vehicle? Were these persons legitimate targets? In a NIAC? How would you qualify them under IHL of IAC? (CIHL, Rules 1 6, 25, 110, 134; GC I IV, Art. 3; GC III, Art. 4; GC IV, Art. 4, 16, 20; P I, Art. 8, 41, 48, 50, 51)
4. (Para. 33) How should a soldier behave if there is uncertainty about whether an ambulance is being used by the enemy for acts harmful to his or her forces? If the necessity to attack the ambulance materialises suddenly? Does the right to self defence exist under IHL? How is the latter question relevant in the present case? (CIHL, Rules 15 21; GC I, Arts 21 and 22; P I, Art. 57)
5. a) Did the Italian soldiers respect their Rules of Engagement? IHL? Did any of their actions, in your opinion, constitute a war crime? Could the case have been brought before the International Criminal Court? (Case The International Criminal Court, A., ICC Statute, Arts. 1, 8 (1) and 17)
b) Why did the court acquit the two soldiers? Does the necessity invoked by the court correspond to necessity under IHL? In your opinion, does it correspond to necessity as a defence under the ICC Statute? What other defences of international criminal law listed in the ICC Statute could you have analysed in the present case? (Case The International Criminal Court, A., ICC Statute, Art. 8 (2) (b) (xxiv), Art. 31 (1) (c) and 32 (1))Italy Use of force against ambulances in Iraq 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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Italy Use of force against ambulances in Iraq Case Study