United States Kadic et al. v. Karadzic Case Study
Order ID: 89JHGSJE83839 Style: APA/MLA/Harvard/Chicago Pages: 5-10 Instructions:
United States Kadic et al. v. Karadzic Case Study
a. Who can violate IHL? Only a State? Also a non-State party to a non-international armed conflict? Also an individual acting for a State or for a non-State party to a non-international armed conflict? Also an individual acting in a non-
international armed conflict, but not for a State or non-State party to that conflict? (Hague Convention IV, Art.3; GC I-IV,
Art. 3; GC I-IV, Arts 51/52/131/148 and Arts 49/50/129/146 respectively; P I, Arts 1(1), 75(2), 86 and 91; P II, Arts 4-6)
b. Does the Court consider that Srpska is a State? Does it need to prove this to affirm that Srpska has obligations
(and rights) under IHL?
2. How does the Court qualify the conflict in Bosnia and Herzegovina? Is Protocol II only applicable if its requirements
(…) have ripened into universally accepted norms of international law (fn. 8) or is it sufficient that the former
Yugoslavia and Bosnia and Herzegovina were party to Protocol II?
3. Is a violation of Art. 3 common to the Conventions a violation of the law of nations under the Alien Tort Act? Is it a
war crime?
4.
a. Has each State Party an obligation under IHL to adopt legislation offering a civil cause of action to a victim against
the individual who violated that provision? Even if the violation has no connection with that State Party? Does such
legislation conform to IHL? (Hague Convention IV, Art.3; GC I-IV, Arts 51/52/131/148 respectively; P I, Art. 91)
b. Has each State Party an obligation under IHL to adopt legislation giving its penal courts jurisdiction over the
individual who violated IHL, if that violation is qualified as a grave breach by IHL? Even if the violation has no connection
with that State Party? (GC I-IV, Arts 49/50/129/146 respectively; P I, Art. 85(1))
United States Kadic et al. v. Karadzic 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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United States Kadic et al. v. Karadzic Case Study