United States United States v. Noriega Case Study
Order ID 53563633773 Type Essay Writer Level Masters Style APA Sources/References 4 Perfect Number of Pages to Order 5-10 Pages
a. Was the US intervention in Panama an international armed conflict? Even if Noriega was not, according to the Panamanian Constitution, the lawful leader of Panama? Even if the freely elected leader of Panama, Endara, called for the intervention of US troops? (GC III, Art. 2)
b. Was Noriega a prisoner of war? Although he belonged to armed forces not depending on (and not accepting orders from) the freely elected leader of Panama, Endara? (HR, Arts 1-3; GC III, Art. 4(A)(3); P I, Arts 43-44)
c. Has the Court sentencing Noriega necessarily the competence to determine his POW status? Has it an obligation to determine that status? (GC III, Arts 5, 82, 84, 85, 87 and 99)
d. Did Noriega remain a POW even if he is sentenced in the US for drug-related offences? (GC III, Art. 85; P I, Art. 44(2))
e. Was the deportation of Noriega to and his internment in the US lawful under IHL? Even if the US invasion in Panama violated international law? (GC III, Art. 22)
a. Is a POW subject to the penal legislation of the Detaining Power for acts committed prior to capture? Even for acts committed in his own country? Even for acts unrelated to the armed conflict? (GC III, Arts 82, 85, 87 and 99)
b. What limits would you suggest from the point of view of IHL to the application of extraterritorial legislation of the Detaining Power to acts committed by a POW prior to capture? May a Detaining Power apply legislation protecting its security and territorial integrity to POWs for acts committed in the service of their own country before capture? (GC III, Arts 82, 85, 87 and 99(1); P I, Art. 75(4)(c))
3. May civil courts of the Detaining Power sentence a POW? Does the POW status divest civil courts of jurisdiction over the defendant? (GC III, Arts 84 and 102)
B. Place of detention
4. May a POW be detained in a penitentiary? While in pre-trial detention? Once sentenced? Must a POW, once sentenced and held in a penitentiary, be treated in conformity with the prison regulations or with Convention III? (GC III, Arts 22(1), 95, 97, 98(1), 103(3) and 108)
5. Are the provisions of Convention III on the conditions of confinement self-executing? If not, what methods are there of enforcing compliance with the Conventions if they are violated, e.g., with regard to the conditions of captivity? Do such methods suggest anything about the strength or weakness of IHL?
6. Does IHL state whether it is lawful to wage a war to capture a drug trafficker who could not be extradited? Does IHL apply to such a war? Is it the purpose of Convention III to protect drug traffickers? Why was it important for IHL and for the US that the Court qualified Noriega as a POW?
a. How long do POWs retain their status? Does IHL say anything about the status of POWs after they have served their sentence in the Detaining Powers territory? (GC III, Arts 118 and 119)
b. Do you think that, if extradited to France, Noriega should retain POW status? From an IHL point of view, what are the arguments in favour of his retaining POW status? The arguments against it? (GC III, Arts 118-119)
c. According to IHL, does France have an obligation to grant Noriega POW status? (GC III, Arts 2, 4 and 12)
d. According to IHL, does the US have an obligation not to extradite Noriega to France if France is not willing to grant him POW status? (GC III, Art. 12)
e. Since active hostilities have ceased and Noriega has served his time in jail, does GC III require his immediate repatriation? Is repatriation automatic once the sentence has been served? (GC III, Arts 118-119)
a. Does the Convention on extradition between France and the US prevail over GC IIIs provisions? (GC III, Art. 6(1))
b. In your opinion, does POW status shield Noriega from extradition? If not, can a POW be extradited to be tried for acts committed prior to the armed conflict and not related to it? Does the fact that GC III does not mention extradition of POWs mean that it is prohibited? (GC III, Arts 12, 82, 85, 118, 119)
c. Do you agree with the reasoning of the Court on filling the silence of GC III with provisions of GC IV? Can Art. 45 of GC IV apply by analogy to the transfer of POWs?
d. Do you agree with the Court that the term transfer was intended to include extradition in the mind of the States concluding the Geneva Conventions? Can the definition provided for a term in GC IV apply to the same term in GC III?
e. Do you agree with the Court that it would be absurd that a civilian facing criminal charges would be subject to extradition when a POW facing identical criminal charges would not, particularly when the charges have no relation whatsoever to the latters POW status?
f. Are Art. 45 of GC IV and Art. 12 of GC III parallel provisions?
a. Does Art. 12 of GC III only apply to transfers between allied powers during war? Or does it also apply once the armed conflict is over, as in the present case? (GC III, Arts 85, 119)
b. How must the conditions of Art. 12 of GC III ( the Detaining Power [must satisfy] itself of the willingness and ability of such transferee Power to apply the Convention) be interpreted? Are they considered to be a formal obligation?
c. What are the consequences for the US of GC III, Art. 12? Does it have the duty to reject extradition if France does not grant Noriega POW status? If it denies him POW status but grants him POW treatment? If it rejects POW treatment for him? Does it make a difference for Noriega whether he is considered as a POW or only treated as a POW?
a. What is the Courts reasoning in favour of authorizing the extradition? Would it give the same order if France did not grant him the rights guaranteed in GC III?
b. What are Noriegas advantages in retaining the privileges of POW status in France?
c. Does his status change anything in his relations with the ICRC? If Noriega is extradited to France, will the ICRC have a right to visit him? If yes, on which basis? If Noriega is still considered as a POW by France? If he is not considered as a POW? (GC III, Art. 126)
d. Is the US obliged to inform the ICRC about the extradition procedure? What would the consequences be if it did not do so? (GC III, Art. 104)
e. If Noriega is extradited to France, will the US retain any responsibility as to his treatment by the French authorities? Does the US, as the Detaining Power, retain responsibility until his final repatriation to Panama, or does US responsibility end with his extradition? Does your answer change according to whether Noriega is still considered as a POW after his extradition to France? (GC III, Art. 12(3))
f. (Decision of September 7, 2007) Do you agree with the Court that it lacks jurisdiction to decide the defendants claims regarding potential future circumstances involving his treatment in France? Who should have jurisdiction over such a claim? Can Art. 45(4) of GC IV apply by analogy when there is fear of persecution?
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). 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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. 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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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