Yemen Potential Existence and Effects of Naval Blockade Case Study
Order ID 53563633773 Type Essay Writer Level Masters Style APA Sources/References 4 Perfect Number of Pages to Order 5-10 Pages
I. Classification of the Conflict and Applicable Law:
1. (Document A, paras [PP2] [PP8], [PP13] [PP24]; Document B, para. )
a. How would you classify the situation in Yemen? Who are the parties to the conflict? What effect, if any, on classification does the exiled President of Yemens request for support from the Cooperation Council for the Arab States of the Gulf and the League of Arab States have on the classification of the conflict (Document A, para. [PP2])? Absent such a request, would you classify the conflict in the same manner? (GC I-IV, Art. 2 and 3; P I, Art. 1; P II, Art. 1)
b. What is the makeup of the Coalition force? Who authorized the Coalition to use force? The exiled Yemeni President? The UN Security Council under Chapter VII of the UN Charter? How would each of those scenarios affect the classification of the conflict? (GC I-IV, Art. 2 and 3; P I, Art. 1; P II, Art. 1)
c. What is the applicable law? Is Additional Protocol II applicable? Is the legal framework applicable to blockades the same for both international and non-international armed conflict? Why/Why not? (GC I-IV, Art. 2 and 3; P I, Art. 1; P II, Art. 1; San Remo Manual on International Law Applicable to Armed Conflicts at Sea, 12 June 1994, Rules 1-9; HPCR Manual on International Law Applicable to Air and Missile Warfare, 15 May 2009)
II. Naval and Air Warfare: Blockade
2. (Document A, paras 14 16; Document B, paras , , )
a. What is a naval blockade? What is an aerial blockade? Can a blockade constitute occupation generally? In this case? Why or why not? What are the similarities and differences between blockades and occupation? (GC I-IV, Art. 2; Hague Convention IV, Art 42; San Remo Manual, Arts. 93-108; HPCR Manual, Rules 147-159)
b. Are blockades unlawful under the laws of war? Does this depend on their type (naval, aerial, land blockade)? Do IHL treaties regulate blockades? Does your answer depend on whether the conflict is international or non-international? If you consider that the legal institution of blockade does not apply to non-international armed conflicts, could the government, or third States with the consent of the government, nevertheless prohibit ships from entering its ports and/or inspect such ships? (GC IV, Art 23; P I, Arts. 18, 35, 70, 71, CIHL, Rules 17, 55, 56; San Remco Manual, Arts. 93-108; HPCR Manual, Rules 147-159)
c. What may render a blockade unlawful under IHL? Does the Coalition have obligations under IHL or IHRL vis-à-vis the Yemeni population? Could one argue that, under the functional theory of occupation, the powers imposing a blockade have rights and obligations that are akin to those of an Occupying Power? What about for NIACs? (GC I-IV, Art. 2; GC IV, Art 23, 55-56, 59-63; P I, Arts. 18, 35, 70, 71; Hague Convention IV, Art 42; CIHL, Rules 17, 55, 56; San Remo Manual, Arts. 93-108; HPCR Manual, Rules 147-159)
d. Does the Coalition have an obligation to allow free passage of humanitarian relief supplies? (GC IV, Art. 23; P I, Art. 70; P II, Art. 18; CIHL, Rule 55; San Remo Manual, Rules 102-103, HPCR Manual, Rules 157-159)
e. By establishing an arms embargo, do you think that the UNSC authorized a subsequent blockade of Yemens naval and aerial ports, in the manner in which it was executed by the Coalition? Does the fact that the embargo was mandated by the UN have bearing on the lawfulness of such a potential blockade under IHL? (GC I-IV, Art. 1)
3. (Document A, paras [PP10], 8 9; Document B)
a. Under IHL, what objects are classified as indispensable to the survival of the civilian population? Is fuel as such covered by this definition? Does the fact that it is indispensable for the functioning of water installations and the powering of hospital generators affect your answer? May a potential blockades impact on fuel prices and, by way of consequence, on food prices, be taken into account in determining what is indispensable to the survival of the civilian population? (P I, Art. 54(2); P II, Art. 14; CIHL, Rule 54)
b. If there was a blockade in the present case, do you think it was specifically enacted with the specific purpose of depriving civilians of means of sustenance? Must this have been the sole or primary purpose of the blockading party in order for the relevant IHL prohibition to apply? (P I, Art. 54(2); P II, Art. 14; CIHL, Rules 53, 54)
4. (Document A, paras 14 15; Document B, para )
a. Do the Coalition forces have the right, under the UNSC Resolution, to inspect ships in Yemeni territorial waters? Outside of Yemeni territorial waters?
b. Do the Coalition forces have the right, under the law of naval/aerial blockade, to inspect ships outside Yemeni territorial waters? To inspect aircraft arriving at Yemeni airports? If the conflict is not of an international character (and if, by hypothesis, the legal institution of blockade did not apply to such conflicts)? (San Remo Manual, Rule 122, HPCR Manual, Rules 148, 156-159)
c. May coalition forces attack neutral air/sea craft if they do not comply with the instructions? (San Remo Manual, Rule 98; HPCR Manual, Rule 156)
d. Which measures towards Yemeni and neutral ships authorized by Document A. could not have been taken without a UN Security Council authorization? If there was an IAC? If there was a NIAC? (San Remo Manual, Rules 94, 99; HPCR Manual, Rules 137, 140-142, 148, 150)
5. (Document B, paras  and ) May blockade, generally speaking, constitute collective punishment? If there is a blockade in the present case, may it be considered as such? (GC III, Art. 87; GC IV, Art. 33; Hague Regulations, Article 50; CIHL, Rule 103)
III. Conduct of Hostilities
6. (Document B, para )
a. Does IHL of NIAC specifically protect medical personnel, facilities and transports? (P II, Art. 9, 10 and 11; CIHL, Rule 25, 26, 28 and 29 )
b. May hospitals be targeted in military operations? Under what circumstances might this be allowed? Would your answer remain the same if the hospitals were also used to treat wounded opposition combatants? (P I Arts 12 and 13; P II, Art. 11(2); CIHL, Rule 28)
IV. Humanitarian access and assistance
7. (Document A, para. [PP 10]]; Document B, paras , , )
a. Who may provide humanitarian aid? Who is obliged to do so and in what circumstances? Third States? Humanitarian and impartial organizations? Other NGOs? What do the terms (impartial and humanitarian) mean? Does IHL require the entity providing assistance to be neutral? (GC I-IV, Art. 3; GC I-IV, Art. 9/9/9/10; GC IV, Art. 59-63; P I, Art. 70-71; P II, Art. 18)
b. Does the provider of humanitarian aid have to require permission to deliver aid? In IACs? In NIACs? In NIACs, does the entity have to ensure the consent of the territorial state or of the rebel group(s) in question? Of both? Only of the belligerent controlling the territory in question? (GC I-IV, Art. 3; GC IV, Art. 23; P I, Art. 70; P II, Art. 18; CIHL, Rule 55)
c. In this case, who is the appropriate entity from which consent for the delivery of humanitarian assistance should be sought? Is the government free to deny consent? (GC I-IV, Art. 3; P II, Art. 18; CIHL, Rule 55)
d. May the belligerents subject the delivery of assistance to conditions? What considerations may justify a refusal to accept humanitarian aid? If access for the delivery of humanitarian assistance is denied, does the belligerent have a responsibility to meet the needs of the population in the territory under its control? If it cannot, must it allow access to a third party? Would you say that the Member States of the Coalition have an obligation to allow the free passage of humanitarian assistance through a blockade? (GC IV, Art. 59; P II, Art. 18; CIHL, Rule 55)
e. Was it lawful for the Coalition to deny Iranian attempts to deliver humanitarian assistance? If it was a NIAC? If it was an IAC and Yemen consented to the delivery? (GC I-IV, Art. 3; GC IV, Art. 23; P I, Art. 70; P II, Art. 18; CIHL, Rule 55)
f. Assuming that the conflict is not of an international character, must a third State delivering humanitarian aid to rebel-controlled areas obtain consent from the rebels? From the government? From both? Does the government have the right to inspect such aid deliveries at its borders? To insist that they pass through territory it controls? May it deny delivery if it fears that the humanitarian aid will be diverted to rebel fighters or sold? (GC IV, Art. 23(2); P II, Art. 18(2); CIHL, Rule 55)
V. IHL and Human Rights
8. (Document B, paras  ) To what extent does IHL also seek to safeguard the specific human rights mentioned in the letter (right to health, right to safe drinking water and sanitation, right to food)? (GC IV, Arts 16, 23, 55-56, 59-63; P I, Arts. 54, 68-71; P II, Art 18; CIHL, Rule 55)
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