El Salvador, Supreme Court Judgment on the Unconstitutionality of the Amnesty Law Case Study
Order ID 53563633773 Type Essay Writer Level Masters Style APA Sources/References 4 Perfect Number of Pages to Order 5-10 Pages
I. Classification of the conflict and applicable law:
1. (Paras , ) How would you classify the conflict between the FMLN and the armed forces of El Salvador? What was the applicable law?
Once Protocol II applies, is it necessary to verify its applicability throughout the conflict? Might it stop applying at some point? (GC I-IV, Art. 3; P II, Art. 1; See also Switzerland, Qualification of the Conflict in El Salvador)
II. The admissibility of amnesty:
2. (Paras  ,  , ,  )
2.a. What is an amnesty? What are the consequences of granting amnesty? Does P II, Art. 6 (5) deal with amnesty?
According to the Court, what is the purpose of the amnesty in the context of P II, Art. 6 (5)? (P II, Art. 6 (5); P II, Art. 6, Commentary, 1987, para. 4617)
2.b.How does the Supreme Court interpret the phrase the broadest possible amnesty as it appears in P II, Art. 6 (5)? How does the Supreme Court reconcile the requirements of P II, Art. 6 (5) with the conflicting obligations upon El Salvador arising from other rules of international law or its Constitution?
2.c. Do you agree with the Supreme Courts decision, set forth in para. : the amnesty will continue to apply to and must continue to protect only those persons who have not participated in acts constituting crimes against humanity and war crimes constituting serious violations of IHL?
May war crimes be the object of an amnesty? Would this be
compatible with Customary IHL Rules 158 and 159? Why? Why not? (CIHL Rules 158 and 159; See also Colombia, Constitutional Conformity of Protocol II, paras 41 42)
2.d. Is the amnesty envisaged in P II, Art. 6 (5) only intended to cover participation in hostilities? Is there a similar provision in Protocol I? Why? Why not? In your opinion, does rewarding respect for IHL by granting amnesty represent an effective strategy to encourage armed groups to comply with International Humanitarian Law? In a NIAC, can
members of armed groups be punished for mere direct participation in hostilities, including for killing enemy fighters? Under the IHL of IACs, can combatants be punished for mere direct participation in hostilities, including for killing enemy combatants? (P II, Art. 6 (5))
3. (Paras  ,  )
3.a. How does the Supreme Court interpret the prohibition set forth in P II, Art. 4 (2)? How, according to the Court, does it influence the interpretation and application of P II, Art. 6 (5)? Do you agree with the Supreme Courts statement in para. , that acts listed in P II, Art. 4(2) which are widespread or systematic must be considered to be [ ] crime[s]
against humanity or [ ] war crime[s] constituting serious violations of IHL? Why? (P II, Arts 4 (2) and 6 (5))
3.b.Do you agree with the Supreme Courts holding that the phrase shall be prohibited at any time appearing in P II, Art. 4 (2) implies that statutes of limitation are inapplicable to crimes against humanity and war crimes? Does the Supreme Court consider this a peremptory norm of international law? (P II, Art. 4 (2))
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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