United States Military Tribunal at Nuremberg Case Study
Order ID: 89JHGSJE83839 Style: APA/MLA/Harvard/Chicago Pages: 5-10 Instructions:
United States Military, Tribunal at Nuremberg Case Study
1. According to IHL, what constitutes looting? In what circumstances may property of occupied territory be used? Any type of property? Who may use such property? (HR, Arts 23(g), 46(2), 47, 52, 53 and 55; CIHL, Rules 49-52) Do the foregoing IHL provisions prohibit the use of such property by private individuals? Even if those private individuals are authorized by the occupying power? May an occupying power delegate certain of its prerogatives under IHL to private enterprises?
2.
a. To whom do the rules of IHL apply? Only to States? Only to combatants? Only to agents of the State? To private individuals? If applicable to private individuals, does IHL prohibit only actions committed by individuals against the State? Or also actions against another individual? (GC I-IV, Arts 49/50/129/146 respectively; P I, Arts 85 and 86)
b. Was it proper for the Court to find private individuals guilty of violations of IHL? Particularly if the State not only authorized but actively encouraged such actions? Could the Court have so held if those individuals had not acted in conformity with the policy and ideology of the Nazi regime, but instead under an occupying power following a Manchester liberal approach of not interfering with private enterprise? Are looting and slave labour imaginable under pure market conditions, without any interference by the occupying power?
3. Did the Court correctly determine that the accused could not invoke the defence of national emergency? Is it correct to say that in no circumstances may a State or an individual derogate from the rules of IHL in a national emergency? Is the pertinent passage in this decision compatible with the theory of the ICJ in the Nuclear Weapons Advisory Opinion [See ICJ, Nuclear Weapons Advisory Opinion], where the ICJ leaves the question open whether in an extreme circumstance of self-defence, in which the very survival of a State is at stake, rules of IHL might be violated?
4.
a. Is the defence of necessity or duress available for an individual accused of grave breaches of IHL? If so, when?
b. Are the defences of national emergency and of necessity to be treated in the same way as far as breaches of IHL are concerned?
United States Military, Tribunal at Nuremberg 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 Military Tribunal at Nuremberg Case Study