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    Preliminary Questions 16th Henry Dunant Moot Court Competition 2024

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    zain

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    Preliminary Questions 16th Henry Dunant Moot Court Competition 2024

    Uploaded by

    zain
    15 views4 pages

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    © © All Rights Reserved

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    Copyright:

    © All Rights Reserved
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    15 views4 pages

    Preliminary Questions 16th Henry Dunant Moot Court Competition 2024

    Uploaded by

    zain

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 4

    16th Henry Dunant IHL Moot Court

    Competition, Pakistan National Round, 24-26


    September 2024
    PRE-SELECTION QUESTIONS

    Please find below Preliminary IHL questions, background information, and


    instructions for submitting your response. The answers to these questions will be
    used to select twelve teams from Pakistan's universities and other tertiary
    educational institutions to compete in the Pakistan National Round of the 16th Henry
    Dunant Moot Court Competition, 24 –26 September 2024. The selection will be final
    and not open to appeal.

    Following the submission of your answers on 02 August 2024 -

    1. Teams that have not been selected for the Pakistan National Round, 2024 will be
    informed via email by 22nd August 2024. These teams will still be eligible to register
    for the competition next year (2025).

    2. Teams that have been selected for the Pakistan National Round (total of 12 teams)
    will be informed via email before 1700hrs, on 22nd August 2024. These teams will
    also be sent the following documents:

    a) The Moot Court Problem for the Pakistan National Round, and;

    b) Instructions for the submission of memorials. In the weeks that follow (before 12th
    September 2024), teams that have been selected for the Pakistan National Round will
    also be sent travel and accommodation details, and other relevant information for the
    competition.

    Please note that these teams will not be eligible to register for the competition next
    year (2025).

    INSTRUCTIONS FOR SUBMISSION OF PRELIMINARY IHL QUESTIONS-

    1. Each team must submit their answers to the following questions by 1700hrs on 2 nd
    August 2024.

    2. Answers must be sent as a Word or PDF attachment to an email.

    3. Answers must be sent to [email protected] and [email protected]

    4. In total, answers to all the questions should not exceed 6 pages including citations
    and references (typed, single line spacing, Arial font, size 12, page size A4).
    5. The Word or PDF attachment (the answers) should not mention the university
    / educational institution's name, name of the Coach / team members or any other
    information that would enable the Judges to identify the authors. Instead, the
    answers must include the 'Team Code', which has been provided to you in the
    email to which this document is attached. If you have any doubt about your “Team
    Code”, please contact Aamena Gilani at [email protected] or Usman Khan at
    [email protected].

    MARKING CRITERIA –

    Each of the set of questions will be marked out of 10 (50 total) based on the
    following criteria:

     Clarity: 2 marks. Teams are expected to answer the question clearly.


     Reasoning: 4 marks. Teams are expected to explain their answer.
     References: 2 marks. Teams are expected to refer to and cite the relevant
    provisions of international law.
     Coherence: 2 marks. Teams are expected to write in clear, coherent English.

    IMPORTANT: Please ensure that all work submitted is original. Plagiarism,


    including copying from other sources is strictly prohibited and may result in
    disqualification.

    USEFUL RESOURCES –

    Many teams may not have studied international humanitarian law prior to this
    competition. To help you get started, here are some useful resources:

    1. The Geneva Conventions and their Additional Protocols are available


    here: http://www.icrc.org/ihl.nsf/CONVPRES?OpenView

    2. Basic Rules of the Geneva Conventions and their Additional Protocols can be
    downloaded here:
    http://www.icrc.org/eng/resources/documents/publication/p0365.htm

    3. Interpretive Guidance on the notion of direct participation in hostilities under IHL


    is available on link:
    http://www.icrc.org/eng/resources/documents/publication/p0990.htm

    4. Customary International Humanitarian Law :

    http://www.icrc.org/eng/assets/files/other/icrc_002_0860.pdf

    5. ICRC Advisory Service: http://www.icrc.org/eng/what-we-do/building-respect-


    ihl/advisory- service/
    Please answer the following questions, giving legal support in IHL treaty and/or
    customary IHL, as well as case law for your answers:

    Situation 1:
    A liberation army from Gamma State, based in the neighboring country of Borderland,
    seeks to overthrow the government of Gamma. To carry out this coup, they recruit a
    group of mercenaries from various countries to carry out operations against Gamma.

    The mercenaries, now organized as an armed group, plan their actions in Borderland
    with the knowledge of local authorities. They successfully infiltrate Gamma's territory
    and execute operations.

    Questions:
    i. How will this armed conflict be classified? Give a detailed analysis of the
    classification.
    ii. Is IHL applicable to mercenaries? When captured can they be prisoners of
    war?
    iii. Analyse the actions taken by the mercenaries in light of your knowledge of
    IHL.

    Situation 2:
    During a conflict between the states of Alpha and Beta – both signatories to the
    Geneva Conventions – a fighter jet from Alpha makes an emergency landing within the
    borders of Beta’s territory, while still armed. Before the armed forces of Beta State can
    apprehend the pilot, he is killed by local residents.

    In a widely broadcasted press conference, the Defence Minister of the State of Alpha
    said: "The execution of our pilot was a gross violation of International Law. The state
    of Beta will have to face repercussions for these actions."

    Questions:
    i. Was it lawful for the civilians to kill the enemy pilot? Would your answer be
    different if it is concluded in the investigation that he refused to surrender?
    ii. In a situation like this, what legal recourse for counterattacks should the
    state of Alpha pursue? Furthermore, what actions would be considered
    illegal?

    Situation 3:
    Ten soldiers of the occupying forces are killed by a bomb explosion, during curfew in
    an occupied territory. Those responsible for the explosion manage to flee. In
    retaliation, the occupying forces transfer several detained resistance fighters to a
    neighboring country (not party to the conflict) and proceed to burn and seize civilian
    property.
    Questions:
    i. Can the actions of both the resistance fighters and the occupying forces be
    justified under IHL?
    ii. Will the military commander(s) responsible for the actions against the
    detainees and civilians/civilian objects face punishment?
    iii. What role can the judiciary play in the implementation of IHL in the given
    circumstances?

    Situation 4:
    Betterlands and Chenofyl are involved in an international armed conflict. As hostilities
    escalate and more soldiers are wounded, Betterlands is enlisting doctors within its
    medical services, including those who are citizens of Chenofyl, and threatening them
    with detention if they refuse to assist wounded Betterlands soldiers on the battlefield.

    Additionally, the armed forces of Betterlands plans to display the red cross emblem on
    the building housing the medical services.
    Questions:
    i. Can doctors be compelled to work in such a manner? Is it lawful to threaten
    them with detention if they refuse?
    ii. Is it permissible for the medical services building to display the emblem?

    Situation 5:
    Riverton, a state party to the Geneva Conventions, has not declared a state of war with
    a neighbouring country, Highland, asserting that it is only conducting law enforcement
    operations. After continued hostilities, commanders on both sides agree to a ceasefire
    to assist and care for the wounded. An ICRC unit arrives in the border area of
    Highland, escorted by a [Highland] armed soldier for protection. The medical unit is to
    assist both the wounded from Highland and Riverton, without distinction.

    The ICRC team provides aid to an enemy soldier. However, while treating other
    injured individuals, the enemy soldier suddenly fires at the escorting soldier but
    misses. The soldier prepares to return fire, but the attacker then raises his hands in
    surrender.

    Questions:

    i. What is the importance of not recognizing a state of war?


    ii. Where can the legal framework for such a ceasefire be found?
    iii. How should the conduct of the wounded soldier and the response of the
    escorting soldier be assessed? Discuss in light of sources of IHL.

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