Yemen Obstructing Medical Care Case Study
Order ID 53563633773 Type Essay Writer Level Masters Style APA Sources/References 4 Perfect Number of Pages to Order 5-10 Pages
Classification of the situation
1. (Paras - , ) How does Amnesty International (A.I.) classify the situation in Yemen? Who are the parties to the conflict? Which criteria have to be fulfilled for a situation to be classified as a non-international armed conflict? Which set of rules applies in the present case? (GC I-IV, Art. 3; P II, Art. 1)
II. Protection of the wounded and sick
2. (Para. )
a. What are the parties obligations in relation to the treatment of wounded or sick people under the IHL of non-international armed conflicts? According to which criteria do they have to be treated? Who benefits from this treatment? Combatants wounded during hostilities? Wounded civilians? Only civilians who are in the hands of the enemy? Sick civilians? Pregnant women? (GC I-IV, Art. 3(2); P II, Art. 7; CIHL, Rule 110)
b. Do the same guarantees apply to the sick and wounded in international and non-international armed conflicts? (GC I-IV, common Art. 3(2); GC I, Art. 12; GC II, Art. 12; GC IV, Art. 16; P I, Arts 10 and 11)?
c. Is the human right to health applicable in the present context?
a. Does the civilian hospital have an obligation to treat wounded fighters from Ansar al-Sharia or does this obligation only apply to military medical units? To which patients should they give priority? (GC I-IV, Art. 3(2); P II, Art. 7; CIHL, Rule 110)
b. Does Ansar al-Sharia have the right to treat its own wounded fighters but refuse to treat wounded civilians?
III. Ansar al-Sharias control over Jaar and the al-Razi Hospital
4. (Paras - and )
a. Is Ansar al-Sharia allowed under IHL of non-international armed conflicts to take control of the second floor of the al-Razi Hospital? To treat its wounded fighters? To use it for military purposes? Is Ansar al-Sharia allowed to use the hospitals ambulance to transport its wounded soldiers? To transport its healthy soldiers? To transport ammunition?
b. What would the answer to (a) be in the case of an international armed conflict? Under which conditions may an occupying power requisition a hospital or its equipment, material and services? Under which circumstances would these conditions be met in the present case? (GC IV, Art. 57; P I, Art. 14; P II, Arts 7 and 11; CIHL, Rules 28, 29 and 110)
c. Is the law of occupation also applicable in non-international armed conflicts? To what extent does Ansar al-Sharia play a role similar to that of an occupying power in Jaar and the other places in Yemen under its control? Could the discussed provisions therefore be applied by analogy? What is the opinion and practice of states and armed groups relating to this question?
d. Does the fact that Ansar al-Sharia has effective control over the hospitals second floor and its ambulance as well as that its armed fighters are entering and leaving freely violate its obligation to care for the wounded and sick? (GC I-IV, Art. 3(2); P II, Arts 7; CIHL, Rule 110)
IV. Closing of the coastal road to Aden
5. (Paras -) Do the Yemeni authorities violate IHL by closing the main coastal road from al-Kawd to Aden? Are they allowed to close this road for military purposes? How could they nevertheless respect their obligations under IHL? How do you interpret the phrase to the fullest extent practicable and with the least possible delay in Article 7 of Protocol II in the present case? Could there be situations when it would be lawful to close the road completely without violating IHL? (GC I-IV, Art. 3(2): P II, Art. 7; CIHL, Rule 110)
V. Controlling and removing wounded and sick persons
a. (Paras -) Are the Yemeni authorities allowed to check the identity of the people in the ambulances and in the hospital, and arrest suspected fighters? What is the legal basis for this?
b. If the Yemeni authorities arrest wounded and sick suspects, do they have any obligation towards them afterwards? (P II, Art. 5(1)(a); CIHL, Rule 118)
c. Can the authorities remove wounded and sick persons from ambulances and hospitals without complying with the customary medical referral procedures or subject them to time-consuming inspections? Even when the wounded and sick are in need of urgent medical attention? Did the behaviour of the Yemeni authorities violate the rules of IHL applicable in non-international armed conflicts? If yes, how? (P II, Arts 7 and 11)
VI. Attack against a hospital
a. (Paras  and ) Did the attack of the Yemeni government against the al-Razi Hospital in the present case violate IHL? Is a hospital a legitimate target under IHL? Does it become a legitimate target when an enemy armed group uses it to treat wounded fighters? When such a group uses the hospital for military purposes? Can the more detailed provisions of Protocol I be used to give precision to the provisions of Protocol II in a non-international armed conflict? (GC I, Arts 19-22; GC IV, Arts 18-19; P I, Arts 12-13 and 52; P II, Art. 11; CIHL, Rules 7-10 and 28)
b. Is it a war crime to attack a hospital during a non-international armed con?ict? (CIHL, Rule 28 and 156; The International Criminal Court, Arts 8(2)(e)(ii) and (iv))
c. To what extent do the general principles of proportionality and precaution apply to the attack against the hospital in the event that its protection has ceased? Did the choice of an airstrike as method of attack respect these principles? (P I, Arts 51 and 57; CIHL, Rules 11-21)
8. By occupying parts of the hospital in Jaar, did Ansar al-Sharia violate its obligations towards the civilian population under IHL? Does your answer change depending on the use Ansar al-Shari’a makes of the second floor of the hospital? (P I, Arts 12(4) and 58; CIHL, Rules 22-24)
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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