Armed Conflicts in the Great Lakes Region Case Study
Order ID 53563633773 Type Essay Writer Level Masters Style APA Sources/References 4 Perfect Number of Pages to Order 5-10 Pages
a. Is the conflict in the Democratic Republic of the Congo (DRC) international or non-international in nature? In order to determine the legal nature of the conflict, is it necessary to distinguish between the fighting taking place between government and rebel forces and the fighting in which foreign powers are involved? (GC I-IV, Arts 2 and 3)
b. What is the nature of the conflict between the governmental Forces armées congolaises (FAC) and the forces of the Congolese Rally for Democracy (RCD), for example? Between the governmental Rwandan Pariotic Front (FPR) and the (Rwandan rebel) Interahamwe militias, on Congolese territory?
c. Does foreign intervention automatically internationalize a conflict? Is a conflict classified the same way when Zimbabwean forces (together with the FAC) fight against the RCD, and when the (Rwandan governmental) FPR battles the FAC or other non-State armed groups allied to the Congolese Government?
d. Can a conflict situation be divided into as many bilateral relationships as there are internal and external parties to the conflict, so that the scope of applicable IHL varies according to the parties confronting each other? For example, is the scope of applicable IHL narrower in the conflict between the FAC and the RCD than in that between the FAC and the FPR? Even if the RCD is supported by the FPR?
e. What provisions are applicable in the case of non-international armed conflicts? As the DRC was not, at the time, party to Protocol II, was only Art. 3 common to the Geneva Conventions applicable? Were the conditions met for applying Protocol II? Is IHL enforceable against non-State armed groups? What about the application of IHL between the parties to a non-international armed conflict if they are [d]etermined to ensure the respect […] for the Geneva Conventions of 1949 and the Additional Protocols of 1977 (Preamble to the Lusaka Agreement)? Isnt this provision of the preamble valid only between States party to the agreement? Is this a recognition of the applicability of Protocol II even to States that have not ratified it?
a. According to IHL, when is a territory considered occupied? (HR, Art. 42) Are Congolese territories controlled by Rwanda or Uganda occupied territories within the meaning of IHL? What are the obligations of an occupying power under IHL?
b. Are occupying powers entitled to exploit the natural resources of the territories they occupy? To what extent? Which provisions of IHL govern these questions? Does exploitation of this kind amount to requisition? If so, do the requisitions comply with IHL? What difference is there between seizing and requisitioning property? What is an occupier allowed to seize? What is an occupier allowed to requisition? Does IHL contain rules that are detailed enough to regulate both activities? Under what conditions does seizure comply with Art. 53 of the Hague Regulations? Are these conditions stipulated explicitly or implicitly in the provision? Is an occupying power responsible for private companies exploiting mineral resources? (GC IV, Art. 33(2); HR, Arts 23(g), 46(2), 47, 52 and 53) [See Singapore, Bataafsche Petroleum v. The War Damage Commission; Israel, Ayub v. Minister of Defence, and Israel, Al Nawar v. Minister of Defence]
c. Are the authorities of an occupying power obliged to comply with the rules of the Fourth Geneva Convention applicable to occupied territories? As regards the Congolese? As regards Rwandan nationals, in occupied territory for example? (GC IV, Arts 4, 13, 25, 26, 29, 45, 47 and 70; P I, Art. 73) [See ICTY, The Prosecutor v. Tadic [Part C., paras 163-169]] Are they entitled to arrest Congolese nationals in Congolese territory and transfer them to their own territory? (GC IV, Art. 49) Can Rwandan or Ugandan authorities arrest rebel Rwandan nationals in Congolese territory and transfer them to Rwanda or Uganda, respectively? (GC IV, Arts 4, 49 and 70(2); P I, Art. 73) [See ICTY, The Prosecutor v. Tadic [Part C., paras 163-169]] Is the practice of forced disappearances prohibited by IHL? Does IHL take up the issue of missing persons? (GC IV, Arts 26 and 137; P I, Arts 32 and 33; ICC Statute, Arts 7(1)(i) and 7(2)(i)) [See The International Criminal Court]
d. Are Congolese territories allegedly controlled by States allied to the Congolese authorities (Angola and Zimbabwe in particular) occupied territories? Even if they are controlled with the consent of the host State? Even if control takes the form of mine concessions? And if the allied States have been authorized to pursue a rebel movement on Congolese territory (the Angolan army against UNITA, for example)?
3. Can the ICRC deal with the recovery of the dead and the treatment of the wounded (Art. 9 of the Lusaka Agreement) or organize the recovery of the bodies (Document 3.C.2)? On what conditions? Must it identify the bodies before burying them? Is this the ICRCs mandate? Are the parties obliged to accept the ICRCs services? (GC I, Arts 9, 17 and 18; GC IV, Arts 10 and 140; P I, Art. 33)
a. What is the role of the UN forces in the DRC? Are they authorized to use force to prevent massacres? Could the UN be held responsible if they do not do so? Or the UN member States? Should the UN base its actions on the investigation report on UNAMIR so as not to repeat in the DRC the mistakes made in Rwanda? Are the situations comparable?
b. Does IHL prohibit attacks against UN forces? Are non-State groups bound by this prohibition? (ICC Statute, Arts 8.2(b)(iii) and 8.2(e)(iii)) [See The International Criminal Court; See also Convention on the Safety of UN Personnel, Art. 9]
c. Since the DRC is party to the ICC Statute, does the Court have jurisdiction over those responsible for such attacks? Over those responsible for other violations of IHL? Does the ICTR have jurisdiction over the perpetrators of violations of IHL in the context of the conflict in the DRC? At least for the aspects of the conflict that are extensions of the Rwandan conflict in Congolese territory (for example, the fighting in the DRC between the Rwandan Patriotic Army and the Interahamwe militias)? [See The International Criminal Court, and UN, Statute of the ICTR]
5. How do the Conventions and the Protocols guarantee the right of the victims to assistance and protection? Are the guarantees identical in the framework of international and non-international armed conflicts? Are the provisions of Protocol II on access to humanitarian aid more restrictive than those of the IHL of international armed conflict? (GC I-IV, Arts 9/9/9/10 respectively; GC IV, Arts 23, 30, 55, 59-62 and 148; P I, Arts 68-71; P II, Arts 5 and 18)
6. Are UN personnel bound by IHL? Should they be? Assuming that they are, how should the sexual exploitation and abuses committed by some of them be considered? Who would have the responsibility to prosecute these crimes?
QUALITY OF RESPONSE NO RESPONSE POOR / UNSATISFACTORY SATISFACTORY GOOD EXCELLENT Content (worth a maximum of 50% of the total points) Zero points: Student failed to submit the final paper. 20 points out of 50: The essay illustrates poor understanding of the relevant material by failing to address or incorrectly addressing the relevant content; failing to identify or inaccurately explaining/defining key concepts/ideas; ignoring or incorrectly explaining key points/claims and the reasoning behind them; and/or incorrectly or inappropriately using terminology; and elements of the response are lacking. 30 points out of 50: The essay illustrates a rudimentary understanding of the relevant material by mentioning but not full explaining the relevant content; identifying some of the key concepts/ideas though failing to fully or accurately explain many of them; using terminology, though sometimes inaccurately or inappropriately; and/or incorporating some key claims/points but failing to explain the reasoning behind them or doing so inaccurately. Elements of the required response may also be lacking. 40 points out of 50: The essay illustrates solid understanding of the relevant material by correctly addressing most of the relevant content; identifying and explaining most of the key concepts/ideas; using correct terminology; explaining the reasoning behind most of the key points/claims; and/or where necessary or useful, substantiating some points with accurate examples. The answer is complete. 50 points: The essay illustrates exemplary understanding of the relevant material by thoroughly and correctly addressing the relevant content; identifying and explaining all of the key concepts/ideas; using correct terminology explaining the reasoning behind key points/claims and substantiating, as necessary/useful, points with several accurate and illuminating examples. No aspects of the required answer are missing. Use of Sources (worth a maximum of 20% of the total points). Zero points: Student failed to include citations and/or references. Or the student failed to submit a final paper. 5 out 20 points: Sources are seldom cited to support statements and/or format of citations are not recognizable as APA 6th Edition format. There are major errors in the formation of the references and citations. And/or there is a major reliance on highly questionable. The Student fails to provide an adequate synthesis of research collected for the paper. 10 out 20 points: References to scholarly sources are occasionally given; many statements seem unsubstantiated. Frequent errors in APA 6th Edition format, leaving the reader confused about the source of the information. There are significant errors of the formation in the references and citations. And/or there is a significant use of highly questionable sources. 15 out 20 points: Credible Scholarly sources are used effectively support claims and are, for the most part, clear and fairly represented. APA 6th Edition is used with only a few minor errors. There are minor errors in reference and/or citations. And/or there is some use of questionable sources. 20 points: Credible scholarly sources are used to give compelling evidence to support claims and are clearly and fairly represented. APA 6th Edition format is used accurately and consistently. The student uses above the maximum required references in the development of the assignment. Grammar (worth maximum of 20% of total points) Zero points: Student failed to submit the final paper. 5 points out of 20: The paper does not communicate ideas/points clearly due to inappropriate use of terminology and vague language; thoughts and sentences are disjointed or incomprehensible; organization lacking; and/or numerous grammatical, spelling/punctuation errors 10 points out 20: The paper is often unclear and difficult to follow due to some inappropriate terminology and/or vague language; ideas may be fragmented, wandering and/or repetitive; poor organization; and/or some grammatical, spelling, punctuation errors 15 points out of 20: The paper is mostly clear as a result of appropriate use of terminology and minimal vagueness; no tangents and no repetition; fairly good organization; almost perfect grammar, spelling, punctuation, and word usage. 20 points: The paper is clear, concise, and a pleasure to read as a result of appropriate and precise use of terminology; total coherence of thoughts and presentation and logical organization; and the essay is error free. Structure of the Paper (worth 10% of total points) Zero points: Student failed to submit the final paper. 3 points out of 10: Student needs to develop better formatting skills. The paper omits significant structural elements required for and APA 6th edition paper. Formatting of the paper has major flaws. The paper does not conform to APA 6th edition requirements whatsoever. 5 points out of 10: Appearance of final paper demonstrates the student’s limited ability to format the paper. There are significant errors in formatting and/or the total omission of major components of an APA 6th edition paper. They can include the omission of the cover page, abstract, and page numbers. Additionally the page has major formatting issues with spacing or paragraph formation. Font size might not conform to size requirements. The student also significantly writes too large or too short of and paper 7 points out of 10: Research paper presents an above-average use of formatting skills. The paper has slight errors within the paper. This can include small errors or omissions with the cover page, abstract, page number, and headers. There could be also slight formatting issues with the document spacing or the font Additionally the paper might slightly exceed or undershoot the specific number of required written pages for the assignment. 10 points: Student provides a high-caliber, formatted paper. This includes an APA 6th edition cover page, abstract, page number, headers and is double spaced in 12’ Times Roman Font. Additionally, the paper conforms to the specific number of required written pages and neither goes over or under the specified length of the paper.
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