Sri Lanka Naval War against Tamil Tigers Case Study
Order ID: 89JHGSJE83839 Style: APA/MLA/Harvard/Chicago Pages: 5-10 Instructions:
Sri Lanka Naval War against Tamil Tigers Case Study
I. Classification of the Conflict and Applicable Law:
1. (Document A, paras [1]-[2], Document B, paras [1]-[3]) How would you classify the situation in Sri Lanka at the beginning of the 2000s? (GC I-IV, Arts 2 and 3; P I, Art. 1; P II, Art. 1)
2. (Document B, para. [1]) Under what circumstances will fighting against a guerrilla organization amount to an armed conflict? What criteria must be fulfilled for such fighting to be regarded as an armed conflict? What law is applicable to such conflicts? (GC I-IV, Arts 2 and 3; P I, Art. 1; P II, Art. 1)
3. What evidence can you find in this case to support the view that the requisite criteria to classify the fight between the Tamil Tigers and the Sri Lankan Armed Forces as a non-international armed conflict are fulfilled? (GC I-IV, Arts 2 and 3; P I, Art. 1; P II, Art. 1)
4. Could this situation be classified as a war of national liberation? What criteria would have to be met for the situation to be classified as such? Does Additional Protocol I of the Geneva Conventions apply to this situation? (P I, Art. 1(4))
5. Do you think the legal framework applicable to blockades and armed conflicts at sea the same for both international and non-international armed conflicts? (GC I-IV, Arts 2 and 3; P I, Art. 1; P II, Art. 1; San Remo Manual on International Law Applicable to Armed Conflicts at Sea, 12 June 1994, Rules 1 and 2)
II. Naval Warfare and Naval Blockade
6. What is the San Remo Manual on International Law Applicable to Armed Conflicts at Sea? Does it constitute a legally binding set of rules?
7. Where, at sea, may hostile actions in the context of an armed conflict be carried out? Under which conditions may they take place outside these zones? (San Remo Manual, Rule 10)
8. (Document A, para. [5])
a. Are belligerent ships allowed to disguise themselves? By flying the flags of other countries on their ships, do the Sea Tigers violate any rules of IHL? Are the Sea Tigers obliged to distinguish their vessels from the ordinary ships that sail the international shipping lane? Is the strategy of the LTTE to mingle during the day in international shipping lanes and attacking only at night in accordance with IHL? Under which conditions would it be legal? (San Remo Manual, Rules 110 and 111)
b. Since the LTTE often disguises its ships, under what conditions may the Sri Lankan forces search merchant vessels that might be LTTE vessels? (San Remo Manual, Rules 112 – 124)
9. (Document B, para. [2]) Does IHL apply to the arrest by the Sri Lankan Navy of the three LTTE members? Does the law of naval warfare apply?
10. (Document B, paras [7]-[8]) Were the Sri Lankan Police obliged by IHL to care for the LTTE members who had attempted to end their lives through cyanide poisoning? Who does IHL oblige to care for the wounded, sick and shipwrecked? Armed forces? Police forces? Fishermen? Is your answer the same in IACs and NIACs? (CIHL Rule 110; GC I-IV, Art. 3; P II, Art. 7; P II, Art. 8; P I, Art. 10; GC II, Art. 12).
11. (Document B, para. [11]) If the capsized Navy vessel and the shipwrecked sailors were encountered by Sea Tigers, what would the obligations of the latter have been towards the former? Would the Sea Tigers have violated IHL by leaving the sailors at the mercy of the ocean? If the Sea Tigers had rescued the sailors, would they have been entitled to detain them?
12. (Document B, paras [5], [14]-[16])
a. Do the basic rules on the conduct of hostilities apply to attacks from the sea that produce their effects on land? (See, for guidance, P I, Art. 49)b. Based on Document B, do you think that the principles of precaution and proportionality in attack have been followed
by the parties involved?
c. How would you classify the Sea Tigers order to fishermen not to set out on their tasks and their order to those already in the water to withdraw right before their military manoeuvre? (CIHL Rule 15; CIHL Rule 20; P I, Art. 57 (2) c).
13. (Document A, para. [4]) According to this document, the Sri Lankan forces tried to halt supplies reaching the LTTE.
a. Is a blockade unlawful under the laws of war? Does IHL contain a definition of a blockade? Does this depend on its type (naval, aerial, land blockade)? Do IHL treaties regulate blockades? (CIHL, Rule 53; San Remo Manual, Rules 102-103)b. Does your answer depend on whether the conflict is international or non-international? If you consider that the legal institution of blockade does not apply to non-international armed conflicts, could the government nevertheless prohibit ships from entering its ports and/or inspect such ships?
c. What may render a blockade unlawful? Under IHL? Under IHRL?
d. Does the Sri Lankan government have obligations under IHL or IHRL vis-à-vis the Tamil population?
e. Do the parties involved have an obligation to allow free passage of humanitarian relief supplies? (GC IV, Art. 23; P I, Art. 70; P II, Art. 18; CIHL, Rule 55; San Remo Manual, Rules 102-103)
Sri Lanka Naval War against Tamil Tigers 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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Sri Lanka Naval War against Tamil Tigers Case Study