Iraq Crimes by Militia Groups 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. (Document A, paras -)
a. How would you classify the situation in Iraq?
b. What is the role of the Shia Militia in this conflict? What law is applicable to the conduct of Shia Militia? Are all militia groups bound to respect IHL? Are there any conditions that a group must fulfil in order for the rules of IHL to address themselves to it?
c. Are the Militia or the government (or both) parties to the conflict? Does this matter for the IHL applicable to the conduct of the militia?
II. Violations of IHL/IHRL
a. (Document A) What violations of international law (both IHL and IHRL) does Amnesty International point to in its report? Which parties are responsible?
b. (Document A, paras , ) Amnesty International voices concern about the impunity with which militia groups are allowed to operate in Iraq. In your opinion, is the Government of Iraq responsible in the same way for human rights abuses suffered by civilians when it is unable to guarantee their rights, as opposed to when it is unwilling to do so?
c. (Document A, para. ) Can leaders and commanders of Shia militia be held responsible for war crimes?
d. (Document A, para. ) Can the Iraqi Government be held responsible for violations committed by Shia militia? Under IHL? Under Human Rights Law?
III. Armed Forces/Armed Groups
3. (Document A, paras -)
a. The report discusses the blurring of the distinction between the militia forces and governmental armed forces. Under what circumstances could a particular Shia militia group be considered part of the Iraqi Governments fighting forces?
b. Is it problematic from an IHL point of view that Shia militias fight side-by-side with regular armed forces, and even wear their uniforms?
IV. Implementation by Armed Groups
4. (Document B) The author of the Advice and Guidance to Fighters, Al-Sayyid Ali al-Husseini al-Sistani, is Iraqs most influential Shiite cleric. Do you think his advice and guidance could have an impact on the behaviour of Shia militia members?
5. (Document B) In al-Sistanis Advice and Guidance to Fighters, we find echoes of rules and principles that are well-recognized in treaty and customary IHL. Could you provide examples of where in the Advice and Guidance to Fighters this is the case, and point out the specific IHL rules that are similar in each case? Are there any instructions that are similar to rules of IHRL? Are there any instances where the instructions contained in the Advice and Guidance to Fighters clashes with the rules of IHL? IHRL?
6. Upon reading and reflecting on al-Sistanis Advice and Guidance to Fighters, are there particular aspects of the Guidance that you find particularly striking? What are these? Why do they catch your attention?
7. (Document B, para. 2) Al-Sistani instructs: Do not indulge in acts of extremism, do not disrespect dead corpses, do not resort to deceit, do not kill an elder, do not kill a child, do not kill a woman, and do no not cut down trees unless necessity dictates otherwise. Can similar rules be found in IHL? (GC I-IV, Art. 3; GC I, Arts 12 and 17; GC IV, Art 16; P I, Arts 34(1), 35, 37 and 51(2); P II, Arts 4(2)(a) and 13(3); CIHL, Rules 1, 6, 43, 50, 113, 134 and 135)
8. (Document B, paras 4 and 5) Is there a guideline that advises the taking of precautionary measures? Which similarities does it show to the rules in IHL? Which differences? (P I, Arts 52 and 57 (2)(a)(i); P II, Arts 4 and 13; CIHL, Rules 1, 6 and 15)
9. (Document B, para. 5) Al-Sistani says that […] whatever they procured and used against you in the course of fighting, and whatever their army possessed and acquired belongs to you. Whatever is in their homes is an inheritance for their offspring according to the ordinance of God. You have no right over their women or over their offspring. Are there similar rules in IHL that protect from pillage? (Hague Regulations, Arts 28 and 47; GC IV, Art. 33(2); P II, Art. 4(2)(g); CIHL, Rules 52 and 111)
10. (Document B, para. 7) Al-Sistani prohibits discrimination based on religious beliefs. Does IHL distinguish on the basis of religion? Is there a need for such a rule under IHL? (GC I-IV, Art. 3; P II, Arts 2(1) and 4(1); GC I, Art. 12(2); GC II, Art. 12(2); GC III, Art. 16; GC IV, Art. 27(3); CIHL, Rule 88)
11. (Document B, paras 10 and 13) According to the guidelines set out by Al-Sistani, an attack is only justified when committed in self-defence? Is this the IHL rule? Why not?
12. (Document B, para. 19) Al-Sistani advices the civilian population to cooperate with Shia’s Militia. Is there a similar obligation under IHL?
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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