Israel, Report of the Winograd Commission 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. What does this report show about Israels attitude towards IHL? Towards accusations that it violated IHL in that conflict?
a. (Para. 20) What are the rules in IHL regarding its dissemination among armed forces? Is there an obligation for States to include the teaching of IHL in military training? (GC I-IV, Arts 47/48/127/144; P I, Art. 83; P II, Art. 19; CIHL, Rule 142)
b. (Para. 21) Do you agree with the Commission that the rules of IHL are unclear and indeterminate and that the mechanisms for [their] enforcement are lacking and in some cases politically biased? Is this also true of the rules on dissemination? What dissemination mechanisms does IHL provide for or recommend? (GC I-IV, Arts 47/48/127/144; P I, Art. 83; P II, Art. 19; CIHL, Rules 142 and 143)
3. (Para. 21) Do you agree with the Commission that there may sometimes be tension between the international legal rule and morality? According to you, what kind of situation does the Commission refer to? Could you think of examples where such a tension would exist? When could the duty not to harm civilians be contrary to morality or common sense?
4. (Para. 26) What do you think of the Commissions statement that [e]ven when the target seemed to be a legitimate target the political echelons took care to make their approval of action contingent upon explicit prior warning and reliable intelligence estimates that there was no civilian population in the location? Could it be otherwise? What must be done before launching an attack? Does the fact that the target is a military objective suffice? What does IHL say about precautions to be taken before an attack? (P I, Arts 51, 52, 57; CIHL, Rules 15-21)
a. (Paras 26-33) Is there an obligation under IHL to consult legal advisers before launching an attack? What does the Commission recommend with regard to the involvement of legal counsel during operational decision-making? Should it be assumed that political and military leaders, when weighing military necessity against humanitarian considerations, will always follow IHL? What are the dangers of removing legal counsel from the decision-making process? What are the dangers, from a military and from a humanitarian perspective, of legal advisors being involved in operational decisions? Of them having the final word? (P I, Art. 82; CIHL, Rule 141)
b. (Para. 37) Under IHL, is the legal advisers determination of a situation binding upon the political echelon? Should it be? Would this requirement be realistic?
c. (Para. 37) May necessity legitimize violations of IHL? Can necessity be a defence?
a. (Paras 38-45) Do you agree that IHL is no longer adapted to contemporary conflicts? Should IHL rules be reconsidered and reformulated to meet the specific needs of asymmetric conflicts? What are the dangers of such an argument? Should the existing rules of IHL cease to apply until new rules are agreed upon?
b. (Paras 38-45) What are the difficulties of applying IHL in an asymmetric conflict? Could they be overcome without reformulating existing rules?
7. (Para. 46) Is there an obligation to investigate violations of IHL? Is there an obligation to investigate when a claim is brought to the States attention by an individual? Why are credible investigations into alleged violations important? For the victims of violations? For the State accused of violations? To enhance respect for IHL in future conflicts? (GC I, Arts 49 and 52; GC II, Arts 50 and 53; GC III, Arts 129 and 132; GC IV, Arts 146 and 149; CIHL, Rule 158)
8. (Paras 52-56) What do you think of the Commissions recommendations? Could you think of other recommendations it could have formulated? What other enforcement mechanisms does IHL provide for?
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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