US, Combatant Immunity and Recognition of Belligerency Case Brief
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US, Combatant Immunity and Recognition of Belligerency Case Brief
Discussion
I. Classification of the situation
1. (Document A, paras. [11]-[12]) Do you agree with the classification of the situation in Syria made by Judge Noce? What about the classification of Judge Perry? If so, what are the applicable laws? Does APII apply? Why or why not? (GCI-IV, Art. 2, 3; P II, Art. 1)
II. Recognition of belligerency
2. (Document A, paras. 4, 13-16)
a. Does the declaration of the US amount to recognition of a government? How can this be determined? Would a recognition of the entity for which the defendants fought as the government of Syria turn the conflict into an IAC?
b. Can the declaration of the US amount to recognition of belligerency under IHL? What needs to be fulfilled for an act to be a recognition of belligerency? Does IHL have any say in the matter? Do you agree with the analysis of Judge Noce on the recognition of belligerency?
3. (Document A, paras. 17-18)
a. What is the effect of recognition of belligerency for the applicable law?
b. Does it change the classification of the conflict between the Free Syrian Army and the Syrian forces?
c. Does it have an implication on the status of the US with regard to the parties to the conflict?
d. Do you agree with judge Noce in that common article 3 is only a compulsory minimum? Is there anything in Article
3 common that suggest the application of IHL of IACs? (GC I-IV, Art. 3; ICJ, Nicaragua v. United States)
III. Combatant Immunity
4. What is combatant immunity? Is it included anywhere in IHL treaties? (P I, Art. 43)
5. Who is entitled to combatant immunity? Which criteria must be fulfilled for a person to benefit from it? What is the
effect of combatant immunity? (P I, Art. 43)
6. (Document B, para. 4)
a. Do you agree with Judge Perrys statement that that combatant immunity cannot be claimed in a NIAC? Why/why not?
b. Do you agree with Judge Perrys statement that customary rules of belligerency are superseded by the Geneva Conventions? Did the rules of recognition of belligerency fall into desuetude?
7. Can an individual be beneficiary of combatant immunity in case of a recognition of belligerency? Are there conditions the individual must fulfil? (P I, Art. 43; P I, Art. 44)
US, Combatant Immunity and Recognition of Belligerency Case Brief
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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US, Combatant Immunity and Recognition of Belligerency Case Brief