Medical Care Under Fire Case Study
Order ID: 89JHGSJE83839 Style: APA/MLA/Harvard/Chicago Pages: 5-10 Instructions:
Medical Care Under Fire Case Study
I. Qualification of the Conflict and Applicable Law
1. (Document A, paras 2-3 and 5-7)
a. Using the information in Document A, how would you classify the situation in South Sudan? What rules are applicable in this situation? On what criteria is your determination on classification based? Who are the parties to the conflict? Which criteria have to be fulfilled for a situation to be classified as a non-international armed conflict? Which set of rules applies in the present case? (GC I-IV, Art. 3; P II, Art. 1)
b. Does the cease-fire agreement concluded by the Government of South Sudan and the rebel forces affect the applicability of IHL?
c. Does IHL apply to Malakal City? To the entire territory of South Sudan? (GC I-IV, Art. 3; P II, Art. 1)
II. Protection of Wounded and Sick2. (Document B, paras 1-18)
a. (Document B, paras 2, 5 and 16) Does IHL of non-international armed conflicts prohibit killing of wounded and sick persons? Is the killing of wounded and sick persons a war crime in non-international armed conflicts? (GC I-IV, Art. 3(1)(a); P II, Art 4(2)(a) and 7; CIHL, Rule 111; The International Criminal Court, Art. 8(2)(e))
b. (Document B, para. 8) Does IHL of non-international armed conflicts prohibit rape of wounded and sick persons? Women? Children? Is rape a war crime in non-international armed conflicts? (GC I-IV, Art. 3(1)(c); P II, Art. 4(2)(e); CIHL, Rules 93, 134 and 135)
c. What are the parties obligations in relation to the treatment of wounded or sick people under the IHL of non-international armed conflicts? According to what criteria should priorities in providing them care be established? Who benefits from this treatment? Fighters wounded during hostilities? Wounded civilians? Only civilians who are in the hands of the enemy? Sick civilians? Pregnant women? Children? (GC I-IV, Art. 3(2); P II, Art. 7; CIHL, Rule 110)
d. Do the same guarantees apply to the sick and wounded in international and non-international armed conflicts? (GC I-IV, Art. 3(2); GC I, Art. 12; GC II, Art. 12; GC IV, Art. 16; P I, Arts 10 and 11)?
e. Is the human right to health applicable in the present context? Are rebel groups bound by human rights obligations?
III. Protection of Medical Personnel3. (Document B, para. 14) Does IHL prohibit attempts upon the lives of, or other threats to, medical personnel in non-international armed conflicts? (GC I-IV, Art. 3; P II, Arts 9-10; CIHL, Rule 25)
IV. Protection of Hospitals
4. (Document B, paras 1, 3, 6, 9, 11, 12, 14 and 18)
a. (Document B, paras 1, 6, 11 and 14) Does IHL prohibit looting of hospitals in non-international armed conflicts? Is looting of hospitals a war crime in non-international armed conflicts? (GC I-IV, Art. 3; P II, Art. 11; CIHL, Rule 28; The International Criminal Court, Art. 8(2)(e)(v))
b. (Document B, paras 3 and 9) Did the destruction of the hospital in Leer violate IHL of non-international armed conflicts? Is a hospital a legitimate target under IHL? When might it become a legitimate target? If a party to the conflict uses it to treat wounded fighters? If a party to the conflict uses the hospital for military purposes? Can the more detailed provisions of Protocol I be used to give precision to the provisions of Protocol II in a non-international armed conflict? (GC I, Arts 19-22; GC IV, Arts 18-19; P I, Arts 12-13 and 52; P II, Art. 11; CIHL, Rules 7-10 and 28)
c. Is it a war crime to attack a hospital during a non-international armed con?ict? (CIHL, Rules 28 and 156; The International Criminal Court, Arts 8(2)(e)(ii) and (iv))Medical Care Under Fire 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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Medical Care Under Fire Case Study