Health Care in Pakistans Tribal Areas Case Brief
Order ID 53563633773 Type Essay Writer Level Masters Style APA Sources/References 4 Perfect Number of Pages to Order 5-10 Pages
Classification of the conflict
1. (Document A)
a. How does Amnesty International classify the situation in the Pakistani Tribal Areas? (GC I-IV, Art. 3)
b. Is it possible that there is an armed conflict only in some parts of a state? What is the geographical scope of application of IHL in non-international armed conflicts occuring in the territory of one state? If IHL is applicable in the whole state, does it mean that all the actions carried out by government forces or by armed groups are governed by IHL? That IHL always prevails over human rights?
c. Are human rights applicable during a non-international armed conflict? If yes, how do you determine which body of law prevails in case of contradiction? Does this have to be decided in a general way or on a case by case basis?
2. (Documents A and B) Does the secret collection of data about Taliban fighters reach, per se, the threshold of intensity required to qualify a situation as a non-international armed conflict? The carrying out of drone attacks against Taliban fighters? If the level of violence is not sufficient, is the U.S. bound by IHL because it participates in a non-international armed conflict in Pakistan?
3. Are the U.S. and Pakistan state parties to Protocol II? Are the Pakistani Taliban bound by this Protocol? What is the law applicable to this armed conflict?
II. Ban of polio vaccination programs by a party to the conflict
4. (Documents A, B and C)
a. Under IHL, do the Taliban have an obligation to care for sick and wounded fighters? To care for sick and wounded civilians? Does this obligation also include the prevention of diseases? (GC I-IV, Art. 3; CIHL, Rule 110)
b. Are the Taliban allowed to ban a vaccination program for the civilian population?
c. (Document C) Does the killing of six health workers violate IHL even if the Taliban had issued an advance warning that any breach of the ban would lead to any kind of loss without any right to challenge such punishment? If yes, which provisions of IHL have been violated by the Taliban? (GC I-IV, Art. 3; CIHL, Rules 1, 2, 25, 26, 89 and 100)
d. Is the ban on a vaccination campaign a lawful means to stop American drone strikes? Does your answer to this question depend on the legality or not of drone strikes under IHL? (CIHL, Rule 140)
III. Use of vaccination programs to track and target fighters
5. (Documents A, B and C)
a. How would you qualify Doctor Afridi and other medical personnel working for the C.I.A.? Are they civilians? Did their spying activities amount to direct participation in hostilities? Are they legitimate targets under IHL? If yes, may they be targeted at all times or only for such time as they are directly participating in the hostilities? (CIHL, Rules 6 and 25; see ICRC, Interpretive Guidance on the Notion of Direct Participation in Hostilities)
b. Does IHL allow medical personnel to engage in spying activities? May their behaviour be qualified as a ruse of war? An act of perfidy? Why? (CIHL, Rules 57 and 65)
6. (Documents A and B) Could the Taliban ban a vaccination program and threaten the medical personnel involved if there exists a possibility that the U.S. used the program to track and target Taliban fighters? What if only one such incident was confirmed? Could they take other measures? Could Pakistan in such a case stop the vaccination programme? (CIHL, Rules 26 and 110)
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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