PIL - Exam Questions - Cases (not from Collection)

This course contains exam questions from previous exams that are not features in the Exam Training or in the Exam Questions Collection included in the "Medienkoffer".

8 flashcards · Law · by daniel-eder

In 1999, Absurdistan deliberately grounded one of its own navy vessels in the shallow waters adjacent to the uninhabited and generally uninhabitable island called Mango Island. The vessel is still manned by marines of Absurdistan to enforce their Claim to the area. Absurdistan regularly sends governmental resupply, missions to the grounded vessel, but the most recent mission was, while still on the high seas, blocked by a warship of Utopia. The crew of the latter fired several shots at the supp…
Absurdian Vessel moving to the grounded vessel Freedom of the high sea according to Art 90 UNCLOS includes right of navigation. -> Absurdistan was sailing through the high seas rightfully. Blocking the passage Utopian warship violated Art 90 UNCLOS Shooting at supply ship Art 2 (4) UN-C forbids the use of force. Utopia used force against Absurdistan, and this use of force is attributable to Utopia (arg: Warship), thus Utopia is responsible for an internationally wrongful act. The warship itself…
In 1999, Absurdistan deliberately grounded one of its own navy vessels in the shallow waters adjacent to the uninhabited and generally uninhabitable island called Mango Island. The island, which is also claimed by Utopia, is located 205 nm west of the coast of Absurdistan and 1.000 nm south of Utopia. Both, Absurdistan and Utopia, are parties to UNCLOS The President of Absurdistan claims that Absurdistan has sovereign rights on the Mango Island. During your research, you find out that there exi…
Mango Island This is a question of territorial sovereignty over mango island. As it is uninhabited and located on the high seas (> 200nm from the closest coast) it was terra nullius before claims were laid. Arbitration award Utopia submitted to the jurisdiction of the PCA on the one hand that is heavily implied by an arbitration award existing on the other hand their reply "we don't care" implies they accept the result by not contesting it By submitting to the jurisdiction of the PCA Utopia wai…
The government of Utopia faces political tensions and unrest. Especially a radical group of revolutionary forces, promising the inhabitants change, wealth, and the ruling of the law of the only true religion, worries the government. And their worries materialise one night, when the revolutionary forces conduct a well-planned military operation. They take over - after having killed the personnel on duty at the time - the local radio station in order to inform the public about their fight against…
First part including attack on radio station "under control" -> not yet an armed conflict IHL not applicable -> just an "internal matter" / "internal instability" Power plant, residential complex "government taken by surprise" "want to regain full control" -> no longer under control -> armed conflict IHL is applicable CA 3 GC: at least one state actor and one non state actor Utopia and radical group -> NIAC Art 1 AP II: requires control over territory, and a certain degree of organization, a "p…
The government of Utopia faces political tensions and unrest. Especially a radical group of revolutionary forces, promising the inhabitants change, wealth, and the ruling of the law of the only true religion, worries the government. And their worries materialise one night, when the revolutionary forces conduct a well-planned military operation. They take over - after having killed the personnel on duty at the time - the local radio station in order to inform the public about their fight against…
Radio Station occured during internal instability, IHL is not applicable After this: NIAC -> IHL is applicable AP I GC is not applicable, but most of it's content is CIL so the content is applicable Power Plant Art 56 AP I forbids attacks against objects containing dangerous forces. a regular power plant is not such an object (only dams and nuclear power plants) Art 54 AP I as the only power plant it is indispensable to the survival of the civilian population and as such it is prohibited to att…
The government of Utopia faces political tensions and unrest. Especially a radical group of revolutionary forces, promising the inhabitants change, wealth, and the ruling of the law of the only true religion, worries the government. And their worries materialise one night, when the revolutionary forces conduct a well-planned military operation. They take over - after having killed the personnel on duty at the time - the local radio station in order to inform the public about their fight against…
Principle of distinction (CIL): attacks can only be directed against military objectives. The revolutionary fighter use it as a hiding place, it contributes to military action and its destruction offers a military advantage (killing the leaders of the revolutionaries) -> military objective by use. principle of proprotionality (CIL): military advantage must be weighed against civilian harm several hostages present, no hint if htere are further residents present. on the other hand several leaders…
The government of Utopia faces political tensions and unrest. Especially a radical group of revolutionary forces, promising the inhabitants change, wealth, and the ruling of the law of the only true religion, worries the government. And their worries materialise one night, when the revolutionary forces conduct a well-planned military operation. They take over - after having killed the personnel on duty at the time - the local radio station in order to inform the public about their fight against…
The woman held hostage is a civilian. She can only be lawfully attacked if she was DPH. Tending to the wounds of a fighter is not DPH as it does not intend to cause harm to enemy personnel or material. -> unlawful attack
The government of Utopia faces political tensions and unrest. Especially a radical group of revolutionary forces, promising the inhabitants change, wealth, and the ruling of the law of the only true religion, worries the government. While transiting Utopia during these difficult times, a business man from Arcadia is arrested by governmental forces who mistakenly believe him to be a supporter of the revolutionary forces. He currently awaits trial in Utopia, desperately hoping for help. Advise on…
The Businessman was arrested in a foreign state, there are two options, depending on if PIL was violated. diplomatic protection requires violation of PIL vested in the state (no right of the victim) nationality of claims rule local remedies rule Art 9 ICCPR was violated, so diplomatic protection is possible. His Arcadian nationality is not in question, so this requirement is fulfilled. If he went through all national judicial instances, or it is too burdensome, impossible or with low chance of…
In a NIAC The government of Utopia decides to destroy an aggregation of clearly separated military objectives of an insurrection group by aerial bombardment. By dropping the bomb, two schools and a local hospital which are in the vicinity will also be destroyed. Advise on the situation under PIL, specifically which principles may be violated?
Principle of distinction: no attacks against civilian objectives -> discuss/subsume Art 52 AP I and that it is also CIL Prohibition of indiscriminate attacks treat multiple distinct military objectives as a single one -> discuss/subsume Art 51 (4) AP I and that it is also CIL -> however not absolute, principle of proportionality still applies Principle of proportionality civilian damage excessive in relation to the military advantage -> discuss/subsume Art 51 (5) AP I, Art 57 (2) b AP I and tha…