United States Hamdan Rumsfeld Case Study
Order ID: 89JHGSJE83839 Style: APA/MLA/Harvard/Chicago Pages: 5-10 Instructions:
a. Should you distinguish, among persons captured in Afghanistan, between those captured in the framework of the conflict between the United States and the Taliban and those captured in the conflict between the United States and al Qaeda? Do you think that the latter are not covered by the IHL of international armed conflicts, even if the IHL of international armed conflicts applies to the conflict between the United States and Afghanistan? Does the Supreme Court classify the conflict during which Hamdan was captured? (GC I-IV, Art. 2; GCIII, Art. 4)
b. Must Hamdan be treated as a prisoner of war until such time as his status has been determined by a competent tribunal? Does the Supreme Court decide this question? As a POW, could he be judged by a military commission? (GC III, Arts 5 and 102)
c. Are the Geneva Conventions judicially enforceable? Is the question whether they are judicially enforceable the same as whether they are self-executing? Are at least the rules on the judicial guarantees from which prisoners of war benefit judicially enforceable? Does the Supreme Court answer these questions?
2.
a. Why does common Art. 3 apply to Hamdan? (GC I-IV, Arts 2 and 3)
b. What makes an armed conflict international? Is every armed conflict which does not fulfil the criteria of an international armed conflict perforce a non-international armed conflict? (GC I-IV, Arts 2 and 3)
c. Why does common Art. 3 bar Hamdan from being tried by a military commission? Does common Art. 3 require that the persons it protects be tried by the same courts as government soldiers? (GC I-IV, Art. 3)
d. If common Art. 3 bars Hamdan from being tried on the basis of evidence not disclosed to him, may an express statutory provision allow the contrary? In the view of the Supreme Court?
3.
a. Are the acts Hamdan is alleged to have committed war crimes? (GC I-IV, Arts 50/51/130/147 respectively; P I, Art. 85; ICC Statute, Art. 8) Are they illegitimate acts of warfare? May a detaining power try persons protected by Convention III, by Convention IV or by common Art. 3 for such illegitimate acts of warfare even if the latter do not constitute war crimes? (GC III, Arts 3 and 85; GC IV, Arts 3 and 64; P I, Art. 43(2))
b. Is conspiracy to commit war crimes a war crime? (ICC Statute, Art. 25 [See The International Criminal Court])
4. Does the Supreme Court explicitly or implicitly authorize the detention of Hamdan as an unlawful combatant, without any trial or individual determination?
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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United States Hamdan Rumsfeld Case Study