Switzerland Federal Office of Police Case Study
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Switzerland Federal Office of Police Case Study
Discussion
1. Is X. accused of grave breaches of IHL? Taking into account Art. 109 of the Swiss Military Penal Code [See Switzerland, Military Penal Code], can Switzerland punish X. for the alleged acts? From the point of view of IHL, can it prosecute such acts? Must it prosecute such acts?
2. Why was Switzerland bound by the ICTR Statute, even though it was not a UN member State?
3.
a. Is the transfer of an accused to the ICTR an extradition? Under IHL, can a State transfer an accused charged with grave breaches of IHL to the ICTR? (GC I-IV, Arts 49(2) /50(2) /129(2) /146(2) respectively)
b. Under the ICTR Statute [See UN, Statute of the ICTR], can a State consider a transfer to the ICTR an extradition and subject it to the usual procedures of its extradition laws? Which conditions of such procedures might run counter to the ICTR Statute?
c. On what grounds could Switzerland refuse to transfer an accused to the ICTR? Under the ICTR Statute? Under Swiss law?
4.
a. Does IHL prescribe judicial guarantees and guarantees of treatment for the benefit of suspected perpetrators of grave breaches? Are such guarantees applicable in States not party to the conflict? (GC I-IV, Arts 49(4)/50(4)/129(4)/146(4) respectively)
b. Must Switzerland ensure that the aforementioned guarantees will be respected before it extradites a suspected perpetrator of a grave breach to a third State? Under IHL? Under international human rights law? Would your answer be the same with respect to transfers to the ICTR? If not, how would it be different?
c. Is there a risk that the aforementioned guarantees for the accused will be violated in Arusha?
5.
a. Can the ICTR transfer the accused to Rwanda to serve a possible sentence?
b. Could Switzerland insist that the accused serve his possible sentence in Switzerland? If he were a Swiss citizen? Under the ICTR Statute? Under Swiss Law?
c. Could Switzerland refuse to transfer an accused to the ICTR if he were a Swiss citizen? If he were prosecuted for his crimes in Switzerland?
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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Switzerland Federal Office of Police Case Study