United States Military Tribunal at Nuremberg, The Ministries Case Study
Order ID 53563633773 Type Essay Writer Level Masters Style APA Sources/References 4 Perfect Number of Pages to Order 5-10 Pages
84In the following discussion please apply international humanitarian law as it stands today.
1. What is a Protecting Power? (P I, Art. 2(c)) What role does it play? (GC I-IV, Arts 8/8/8/9 respectively) Are the tasks of the Protecting Power limited to those defined in the various articles of the Geneva Conventions? Which tasks does the Protecting Power perform e.g. with respect to prisoners of war? (GC III, Arts 13-108 and 126)
2. a. What are the procedures for appointing a Protecting Power? Who may be a Protecting Power? Who appoints the Protecting Power? Must the enemy power automatically accept the Protecting Power? Could it refuse all neutral powers appointed? (GC I-IV, Arts 10/10/10/11 respectively; P I, Art. 5)
b. After concluding an armistice with the Detaining Power, may a State dismiss a Protecting Power? If the prisoners of war remain detained, do they still benefit from the services of a Protecting Power? Even despite the fact that the territory of their power of origin is occupied by the Detaining Power? May a power of origin be the Protecting Power of its own prisoners of war? Could a Detaining Power agree with a power of origin to waive the protection laid down by Convention III? (GC III, Arts 5, 6 and 8; P I, Art. 5)
3. When do the duties of a Protecting Power end? When occupation extends to the whole territory of the power of origin? When a cease-fire is concluded? When there are no longer any protected persons within the meaning of the Convention? (GC III, Arts 5, 6 and 8; P I, Art. 5)
4. a. Which obligations has the Detaining Power vis-à-vis the Protecting Power? Has the Detaining Power an obligation to inform the Protecting Power of all violations of IHL committed against prisoners of war? Of any deaths of prisoners of war? Of the results of an inquiry into the death of a prisoner of war? Of the reasons for any deaths of prisoners of war? (GC III, Arts 121, 122 and 126) What are the consequences for wilfully disregarding these obligations? Does such disregard constitute a grave breach of the Conventions? A war crime? (HR, Art. 14; GC I-IV, Arts 50/51/130/147 respectively; P I, Arts 11(4) and 85)
b. Are the defendants found guilty for having disregarded the obligation to properly inform the Protecting Power? Or for the specific act which they concealed, i.e. murdering prisoners of war? Or for both? If for the specific act they concealed, why? Does concealing the crime after the fact constitute a participation in that act? Should that be the case? (GC I-IV, Arts 50/51/130/147 respectively; P I, Arts 11(4) and 85)
5. According to IHL today, if the United Kingdom were bombing Germanys civilian population, would the United Kingdom lose the right to ensure that Germany applies the Conventions with regard to British prisoners of war? Would Germany no longer remain bound to respect the Conventions vis-à-vis the United Kingdom? (GC I-IV, Arts 1 and 2(3); GC II, Art. 13(3); P I, Arts 51(6) and 96(2); Vienna Convention on the Law of Treaties, Art. 60 [See Quotation, Part I, Chapter 13. IX. 2(c)(dd) But no reciprocity].
6. a. May a Detaining Power shoot at prisoners of war to prevent their escape? At prisoners of war who have escaped in order to recapture them? Only as an extreme measure? Only when they are armed? Would the German behaviour have been compatible with IHL if the facts were as described in the reply by the German Foreign Office on 6 June 1944? (GC III, Art. 42)
b. May a Detaining Power punish prisoners of war for an attempted escape? For a successful escape if they are recaptured before reaching their lines? May the punishment even be the death penalty? May those who escaped be punished for common-law crimes committed for the sole purpose of escaping (stealing money, shooting at a guard etc.)? (GC III, Arts 89, 91-93 and 100)
7. Does this case show that IHL had any importance for Hitler and his officials?
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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