ICTY The Prosecutor v. Bokoski Case Brief
Order ID 53563633773 Type Essay Writer Level Masters Style APA Sources/References 4 Perfect Number of Pages to Order 5-10 Pages
I. Material Field
1. (Para. 175) What is the twofold test used by the Tribunal to determine the existence of an armed conflict? Are those criteria cumulative? Are those criteria also applicable to international armed conflicts? (GC I-IV, Arts 2 and 3)
2. Does the required level of intensity vary between non-international armed conflicts to which common Art. 3 applies and those to which Protocol II applies? How do you assess the level of intensity for both of them? Which is the decisive criterion for the customary IHL of non-international armed conflicts, as identified by the ICRC Study on Customary International Humanitarian Law? [See ICRC, Customary International Humanitarian Law]
3. (Para. 178) Does the way in which armed force is used and how persons are detained depend on whether an armed conflict exists or not? Are there indicators of whether an armed conflict exists? Or rather, does not the existence or not of an armed conflict indicate which methods may be used?
4. (Paras 184-190)
a. Are terrorist activities necessarily excluded from the scope of IHL? If not, when does IHL apply to acts of terrorism? When determining whether IHL applies to a given act, should this act be considered on its own or within the broader framework in which it occurs?
b. May a terrorist act be taken into account when assessing the intensity of violence? May the repeated occurrence of acts of terrorism be sufficient to conclude that there is an armed conflict? Conversely, may the existence of an armed conflict render IHL applicable to any terrorist act perpetrated on the territory where that conflict is taking place?
c. Is the protracted character of violence in the sense of temporal duration decisive for the qualification of a situation as a (non-international) armed conflict? Is it an indicator? Must IHL be respected from the very beginning of an armed conflict or only from the time when it turns out to be protracted? Is it foreseeable at the outset of a conflict how long the conflict will last?
5. (Paras 244-249) What are the Tribunals main arguments for concluding that the necessary level of intensity was reached in FYROM? Is it sufficient that violence carries on, or even escalates, over a long period of time for the situation to be deemed to have reached the level of an armed conflict? Is it sufficient that the combat methods used, and the legal terms employed by the parties, are related to warfare rather than law enforcement?
a. (Paras 195-196 and 199-203) What is required of an armed group for it to be considered as sufficiently organized for the purpose of common Art. 3? Is it sufficient for it to be hierarchically structured? Does it need to reach the same level of organization as that of the State? Would it be realistic to require such a level of organization from an armed group?
b. (Para. 196) What do you think of the Limaj Defences argument that an armed group must possess a method of sanctioning breaches of common Art. 3 or fulfil the conditions of Additional Protocol II in order to qualify as a party to a non-international armed conflict?
c. (Paras 199-203) What are the categories identified by the Tribunal in order to attest to the degree of organization of an armed group? Are they all relevant? Is any of them, if taken individually, sufficient to indicate the level of organization?
7. (Para. 197) What is the difference, if any, between the degree of organization required for common Art. 3 to apply and that for Protocol II to apply? What might the reasoning behind this difference be? Is there a difference between protracted violence and sustained and concerted military operations?
8. (Para. 205) Does the fact that an armed group systematically commits violations of IHL necessarily indicate a lack of organization and/or control over its members? When assessing the level of organization of an armed group and its ability to respect IHL, what should be taken into account: theoretical ability to comply with IHL rules, or actual compliance? If the criterion were actual compliance with IHL rules, could IHL ever be violated?
9. (Paras 267-291)
a. Does the NLA seem to qualify for any of the five categories listed by the Tribunal in paragraphs 199-203? On which factors does the Tribunal base its conclusion that the NLA was sufficiently organized?
b. Does the Tribunal assess the possible applicability of Protocol II? According to you, could Protocol II apply to the situation in FYROM? From the information given by the Tribunal, do you think that the NLA could qualify as a party to a Protocol II armed conflict? Which elements required by P II, Art. 1, could be problematic here?
10. (Paras 1, 239-291)
a. Do you think it was obvious, at the beginning of 2001, that violence would reach the level of an armed conflict? Was it clear that the NLA was sufficiently organized for common Art. 3 to apply? May we conclude that IHL became applicable as early as January 2001, although these two elements could not be foreseen at that time by the parties to the conflict? Or do you think that IHL only started to apply in August 2001?
b. In such conditions, is it realistic to expect the parties to the conflict to apply IHL as soon as violence breaks out? What are the difficulties for the parties forces on the ground if they do not know the legal qualification of the situation? Would it be fair to conclude that IHL started to apply in January 2001, only because it has now become clear that the situation did amount to an armed conflict?
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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