Philippines, Armed Group Undertakes to Respect Children Case Brief
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Philippines, Armed Group Undertakes to Respect Children Case Brief
. Classification of the situation
1. How does the NDFP classify the situation in the Philippines? What law does it apply to this conflict? Why has it chosen to assume all rights and duties incumbent on a party under the Conventions and Protocol I? Who decides if a conflict qualifies as a war of national liberation? What are the interests of the Filipino government in this matter? Does Art. 1(4) of Protocol I apply? If yes, would the Filipino government also be fully bound by the Geneva Conventions and Protocol I, or would this declaration be valid only for the NDPF? (P I, Arts 1(4) and 96(3)).2. If the conflict in the Philippines does not qualify as a war of national liberation, how would you qualify it? It is possible for an armed conflict to exist between two governments claiming to represent the same state? (GC I-IV, Art. 3).
II. Protection of children in armed conflicts3. Which commitments did the NDFP undertake for the protection of children in the past? Do they go further than what IHL requires from armed groups? What is the advantage of such commitments compared to the applying merely applying the relevant IHL rules? (P I, Art. 77; P II, Arts 4(3) and 6(4); CIHL, Rules 135-137)
4.
a. Does IHL allow recruiting child soldiers and using them in hostilities? If they are between 15 and 18 years old? If they are below 15? What if the children voluntarily enlist? Which different formulations can you find in the provisions relating to child soldiers? Do these provisions draw a distinction between the obligations of governmental armed forces andnon-state armed groups? Is it true that the Optional Protocol on the Convention on the Rights of the Child is biased against liberation movements and armed groups? (P I, Art. 77; P II, Art. 4(3)(c); CIHL, Rules 136-137; United Nations
Convention on the Rights of the Child of 1989, Art. 38(2) and (3); Document, Optional Protocol on the Convention on the Rights of the Child, on the Involvement of Children in Armed Conflict, Arts 1-4; The International Criminal Court, Arts 8(2)
(b)(xxvi) and 8(2)(e)(vii))
b. Is the NDFP bound by the Optional Protocol on the Convention on the Rights of the Child? Why? Does its declaration that it is not bound by the Optional Protocol have any legal consequences? (Optional Protocol on the Convention on the Rights of the Child, on the Involvement of Children in Armed Conflict, Art. 4)
5.
a. Why does the NDFP criticize the Paris Principles and their wide definition of a child soldier? Does an effective protection of children require a prohibition of all kinds of activities performed for armed forces and armed groups? Do the Paris Principles disadvantage armed groups? How does the NDFP argue against these principles?
b. Does IHL forbid children to defend themselves, other civilians or their communities when under attack?
c. Under which circumstances may a child be targeted in an armed conflict? When it directly participates in hostilities? When it actively participates in hostilities? When it is used in hostilities? (P I, Arts 43, 44 and 51; CIHL, Rules 1, 5 and 6;
Document, ICRC, Interpretive Guidance on the Notion of Direct Participation in Hostilities)
6.
a. Which obligations does the NDFP assume in its declaration? Which different measures does it foresee to implementthem? To what extent is the NDFP factually and formally bound by its declaration?
b. Does the publication of this declaration by Geneva Call constitute a recognition of the NDFP? As a party to the conflict? As a people fighting a national war of liberation? As the legitimate government of the Philippines?Philippines, Armed Group Undertakes to Respect Children Case Brief
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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Philippines, Armed Group Undertakes to Respect Children Case Brief