Israel Ajuri v. IDF Commander Case Study
Order ID 53563633773 Type Essay Writer Level Masters Style APA Sources/References 4 Perfect Number of Pages to Order 5-10 Pages
1. Is there an armed conflict in the West Bank (Judaea and Samaria)? Do you agree that it is not a police action but an armed struggle? Does this classification have an impact upon the case? If it was not an armed struggle, would the assignment to residence be unlawful? And would IHL still apply? (GC IV, Arts 2 and 6(3))
2. Is it conceivable that, as argued by the respondent, the provisions of the Hague Regulations on belligerent occupation apply to a territory, but those of Convention IV do not? (HR, Art. 42; GC IV, Art. 2)
3. Was the procedure that assigned the petitioners to residence in conformity with the requirements of Art. 78 of Convention IV? Even the fact that they did not have access to the evidence existing against them?
4. Is Art. 78 of Convention IV lex specialis in respect to Article 49? May an occupying power therefore assign protected persons to residence even outside the occupied territory? On its own territory? On another occupied territory? According to the HCJ? In your opinion? Do not Arts 49 and 78 deal with two distinct issues? In order to respect IHL must not a measure comply with both?
a. Is Gaza situated within the same occupied territory as the West Bank? Which factors tend to favour such an understanding, and which are against it? Is it conceivable for Gaza to be deemed a separate occupied territory so that Convention IV can be applied according to its object and purpose, and for them to be deemed one single territory for the purpose of peace negotiations? (GC IV, Arts 2, 47 and 78)
b. Was Gaza (or rather the parts of Gaza no longer controlled by Israeli forces) in any way still occupied, although it was under the effective control of the Palestinian Authority? According to the HCJ? In your opinion? If it was no longer an occupied territory, was it lawful, according to the HCJ, to subject the petitioners to assigned residence? (HR, Art. 42; GC IV, Arts 6 and 78)
c. How can the Israeli military commander ensure respect for Article 39 of Convention IV in the parts of Gaza he does not control?
a. May a protected person be subjected to assigned residence in order to punish him or her for past behaviour? To prevent him or her from posing a threat to the security of the occupying power? To deter him or her? To deter other persons? (GC IV, Arts 33(1) and 78)
b. May the deterrent effects of internment or assigned residence be taken into account when deciding to subject a protected person to those measures? When choosing between those two measures? (GC IV, Arts 33(1) and 78)
c. Is assignment to residence a subsidiary measure to criminal indictment? Is it admissible if evidence relating to a past crime is inadmissible in a court of law? (GC IV, Arts 71, 72 and 78)
a. What explanation would you give as to why the evidence that Amtassar Muhammed Ahmed Ajuri sewed explosive belts cannot be presented in a criminal trial? Why is the option of indicting Kipah Mahmad Ahmed Ajuri for his knowledge of his brothers terrorist activities or for acting as a lookout (according to his own confession) […] not practical (para. 36 of the judgement)? What potential future danger does each of these explanations present? (GC IV, Arts 31, 71, 72 and 78)
b. What potential future threat does Abed Alnasser Mustafa Ahmed Asida present? What is the difference between him and the other two petitioners? May the gravity of his past involvement in terrorist acts be taken into account in evaluating the future danger he may present? (GC IV, Art. 78)
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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