Describe how the International Humanitarian Law works.

Describe how the International Humanitarian Law works.

Order Summary
Type of assignment:Essay
Academic level:Specialized Level
Referencing style:MLA
Number of sources:2
Subject:Law
Client country:

Australia (UK English)

Assignment extract:

Using the attached study guide as your main source- answer the following questions.

All references and footnotes must be referenced using the attached guide to legal citation.

QUESTION 1
What are the restrictions imposed by IHL provisions on the conduct of hostilities based on considerations relating to the protection of the environment? Can environmental considerations prohibit the use of certain weapons which cause excessive environmental damage? Illustrate your answer with examples, relevant case law and international instruments.
QUESTION 2
Discuss the meaning of indiscriminate attacks on the basis of Article 51(5)(b) of Additional Protocol I (API) to the Geneva Conventions 1949. Provide examples to illustrate what might constitute such indiscriminate attacks.
QUESTION 3
After a number of provocations and military clashes at the border, since last Friday the State of United Federation and the Kingdom of Cron have engaged in fully-fledged combat operations with some heavy shelling and fighter jets being sent to enter the opponent’s airspace. The troops of the State of United Federation are advancing in military formation towards the capital of the Kingdom of Cron, Chaandar, through a large native woodland, which is also home to and source of food for a number of the Kingdom of Cron’s Indigenous tribes.
Before sending in the troops, the State of United Federation declares that ‘their army is invincible’ and ‘they are finally going to teach their opponent a good lesson’.
Outnumbered and frightened by these declarations, Commander Jeddah of the troops of the Kingdom of Cron is considering various options, including to:
a) use cluster munition as the most effective and efficient way to stop progressing enemy troops;
b) order his special forces to disguise themselves in civilian clothing and approach, as close as possible, the enemy base to gather intel on the type of weapons the State of United Federation has in order to assess whether the enemy is really that ‘invincible’;
c) drop a precision-guided tactical nuclear bomb (TNB) on the approaching enemy troops, which explosive force can be adjusted to minimise collateral damage.
You are Commander Jeddah’s IHL Advisor and are asked to provide him with legal advice on the legality (under IHL) of each of the proposed means and methods of warfare.
QUESTION 4 .
What is the scope of application of international humanitarian law (IHL) pertaining to international armed conflicts (IAC) and non-international armed conflicts (NIAC) respectively, and what are the thresholds of application of those two regimes? In your opinion, is there a need to re-interpret the scope and applicability of these traditional regimes in the light of recent development, such as the ‘Global War on Terror’?

 

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