Questions we Can Help you to Answer

Paper Instructions:

INSTRUCTIONS: 

Please write your answers to the following questions using the fact pattern or situation provided.  You may use all notes, handouts, texts, information from discussions to complete this Final examination.  If you are making any assumptions or clarifications to the fact pattern, please state your assumption/clarification in the answer of your paper.  There are three question sets containing multiple questions.  Each answer to a particular question set is worth 1/3th of the final examination.  Remember, this Final examination is worth 30% of your Final grade.  Also, please remember, this examination is intended to be an individual exercise, please do not discuss the examination with your classmates.  Do not collaborate on your answers with any classmate in any way.  If you have any questions about the facts or the examination, please contact me by using the miscellaneous discussion section on the course website.  Please turn in your answer through the turnitin.com final examination drop box listed in on this page in the week nine final exam assignments section.  Many of the answers may involve grey areas under international law.  It is as important to identify and explain the main legal issues within your answer as it is to conclude with one concrete general principle of law.  I am interested in how you get to your answer more than answers just stating a legal principle without an explanation.  Remember, legal analysis starts with is this a subject under international law? (Does this entity or individual have international legal personality?) And what is the particular source of law?  Your answers are due Sunday by close to midnight through the turn it in assignment website.  I need to have a quick turnaround on grades, therefore, please submit your final on time.

FACT PATTERN:

The states of Arno, Brio, Cana, Dena, and Geno are all nation-states and fully recognized by all other states under international law.  They are all members of the United Nations.  All the states are signators and have ratified of the Vienna Convention on the Law of Treaties except Cano (Cano has signed the text of the treaty but has not ratified the treaty).  All the states are signators and have ratified the main four Geneva Conventions governing humanitarian international law.  All states are signators on the Declaration of Human Rights.  All states are member states of the International Red Cross or Red Crescent.  All states are members of the Treaty of Rome with regards to the International Criminal Court.



Arno, Brio, Fina, and Ello

Arno is a nation-state made up of several ethnic groups including one minority ethnic group in the east of the country, Fina Group, which is an extremist military group.  Brio is a state that borders Arno and the Fina Group has often crossed into Brio in the past.  The minority group, Fina, is an extremist military group that encompasses both countries and has attracted citizens from many states to join the group for the cause of creation of a new state for Fina.  The region of Ello is a region within Brio that has people with a distinct homogenous ethnicity, culture and religion different from Arno, the rest of Brio and the Fina Group, but akin in ethnicity, culture and religion to the people of Cana.  Ello is a semi-autonomous region within Brio meaning the people of Ello run much of their own affairs, but are technically part of Brio and under the Brio federal government.  The state of Cana is an emerging power and borders to both Arno and Brio to the north of both states.  The state of Dena is the world economic and military superpower, but does not border Arno, Brio or Cana and is in fact in a completely different part of the world.  The state of Geno is a relatively important state with a good economy and military, it is a hegemon the region of Arno, Brio and Cana, but not considered a world superpower and does not direct border Arno, Brio or Cana.

Collective Security Agreement (CDG):

The states of Cana, Dena and Geno are all members of a collective self- defense treaty “CDG” that states that an attack on one state is considered an attack on all states and all states must come to the defense of the state attacked.  The states have all agreed to fund and support CDG with military troops and resources.  The CDG headquarters is in the in the capital city of Dena.  Cana has accepted the treaty terms with one reservation, because of the influence of the Fina Groups’ history with Arno and Brio, they will not authorize their troops and resources to act, even through the CDG framework, if Arno or Brio attacks another one of the member states.  Dena accepts the reservation, but Geno rejects the reservation as incompatible to the whole notion of having the CDG Treaty and Regime Collective Security Framework.  The CDG is active and has the full support of all the three member states.

Conflict Starts

For the past several months the Fina Group working within the borders of Arno and Brio has caused unrest in the Region of Ello within Brio.  In particular, the Fina group’s military has taken over towns within Ello (Brio) as well as operated in towns within Arno.  They are a heavily militarized group which has been accused of public beheadings, torture, as well as mass killings of Arno, Brio and Ello people within the towns the operation.  The government of Brio and the region of Ello have asked Cana, Dena, and Geno for assistance.  The State of Dena has authorized airstrikes in the area to assist Brio and Ello.  The States of Cana and Geno have not authorized airstrikes as of yet.  The State of Dena has gone to the United Nations to seek permission for permissible use of force in Arno and Brio.  However, the State of Dena has already started airstrikes over Brio before the United Nations was able to pass of Security Council action.

Please make sure you explain fully your reasoning when answering these questions including an analysis of international legal personality and source of law.

First question set:  Assume the facts up to this point for this question –

Does Dena have the international authority to conduct airstrikes over Brio?
You are the international legal counsel of Dena, what arguments do you make with regards to asking the UN Security Council to act? What issues do you anticipate any other country or side will make concerning UN Security Council Action?
What is the international legal status of the Fina Group and the region of Ello?


Additional facts to consider:

The troops of Fina Group start encroaching on and into the territory of Cana.  In fact, Fina has entered Cana’s territory in order to surround the Ello Region of the State of Brio.  Cana defends its territory by using its military to combat the Fina Group.  Cana asks Dena and Geno for assistances under the CDG Treaty.  Dena immediately sends troops to Cana to assist, however Geno refuses to send their military to assist.

Regardless of the international legal outcome of the first question set, please fully explain your answer and list all possible issues that the next questions pose, remember any legal analysis starts with determining international legal personality and the source or sources of law.

Second question set:  Assume all of the facts up to this point for this question –

You are the legal court clerk for Geno, explain all legal issues surrounding the CDG treaty and explain all treaty relationships. Can Geno refuse to use military force to protect Cana utilizing the CDG Treaty?  What rights and responsibilities to all states have under the CDG Treaty?  Are Dena’s troops legally in Cana under the CDG Treaty?
Arno, Brio and Ello are in support of Cana’s request and in fact want to write a joint brief in support of Cana compelling Dena and Geno to send military force. You are charged with writing the brief explaining the issues and the law.  What are the issues and the law?


Additional facts to consider:

Dena kills some and captures other Fina Group members while in Cana assisting Cana with the defense of its territory.  Several members of the Fina Group are brought to Dena, detained and interrogated and remain detained indefinitely.  The interrogation included some hard interrogation techniques including deprivation of food, water, sleep and isolation.  One Dena citizen is part of the Fina Group members detained and interrogated in Dena.  One Arno citizen is part of the Fina Group members detained and interrogated in Dena.  Arno has requested that its citizen be sent back to Arno from Dena; however there is no extradition treaty between Arno and Dena.  A human rights group within Dena has objected to the indefinite detainment and interrogation of the Fina Group members in Dena.

Regardless of the international legal outcome of the first and second question sets, please fully explain your answer and list all possible issues that the next question poses.

Third question set:

You are the legal counsel of Arno and your government asks - Do the detained members of the Fina Group in Dena have rights under international law, and if so, what are the rights? Does Dena have responsibilities to the detained members and what is the responsibility under international law?  You would like at least your citizen (Arno’s citizen) to come to justice in Arno under Arno laws. Make sure you list all issues surrounding international legal personality of the members, sources of law, jurisdictional issues, and any particular differences between Arno citizens of the Fina Group and other citizens.
The human rights group within Dena asks Dena to prosecute the Dena citizen of the Fina Group under Dena domestic law. Explain the arguments that the human rights group would make in this case including sovereignty and jurisdictional issues.  What would be the arguments of the government of Dena?  Make sure you list all issues surrounding this particular situation.
Brio has asked the International Criminal Court to bring the Head of the Government of Dena to justice under crimes against humanity for indefinite detainment and brutal interrogation rising to torture of the Fina Group members. You are a law clerk of the ICC.  Does the ICC have jurisdiction in this matter?  What factors should the ICC take into account to determine jurisdiction?  What factors should the ICC take into account to determine the case on the merits (the facts and the law)?  Make sure you explain your answers.