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International Humanitarian Law Question Paper
International Humanitarian Law
Course:Bachelor Of Laws
Institution: Kenyatta University question papers
Exam Year:2013
KENYATTA UNIVERSITY
UNIVERSITY EXAMINATIONS 2012/2013
SECOND SEMESTER EXAMINATION FOR THE DEGREE OF BACHELOR OF LAWS
LIL 401: INTERNATIONAL HUMANITARIAN LAW
Date: Thursday, 18th April, 2013 Time: 9.00 a.m.- 11.00 a.m.
INSTRUCTIONS:
1) Answer question ONE and any other TWO questions
2) You will be penalized for failing to answer question ONE
3) Support your answer with relevant case law, statutes and any other relevant references where necessary
4) Write neatly and legibly
5) Your answer sheet must bear your student registration number
QUESTION 1
For the past few months, the population of the Kingdom of Carlotica, a well-respected member of the “All for One” Organisation, experienced ideological and political pressure, intimidation, “Re-education” and constant threats.
In order to send a new message to the new ruler, Alejandro IV, many would assemble every night in all major cities across the republic to oppose the regime. Yet after only few days, the numbers plunged, as the constant use of gas by military and police forces prevented many from attending the gatherings. Just ten days ago, the main opposition groups started developing and adopting recruitment policies in order to overthrow the current regime. They are conducting secret meetings and spreading their message through secret channels. Many people are willing to see a new government in place.
Fierce fighting started today, in a small agricultural town in south Miha, where a nuclear reactor is situated. It is also a town where most of the children’s summer camps are situated, being the only exit to the sea. This is why it is considered the major communication line. There is no military installation in the area, only about 200 men in support of internal security operations. Since the very first day, it was hard for the opposition forces to penetrate governmental forces. In order to address this problem, they decided that the best way would be to pretend to be wounded, to be taken by the Red Cross, and then fight in the rear of the enemy. This was the only way to achieve a final victory against the ruthless Alejandro IV. Fighting continues, and the town is under daily shelling. The Amore Daily, a newspaper has reported that there have been direct attacks on schools, hospitals and churches.
You have been appointed as the legal advisor on Humanitarian Law by a neutral humanitarian organization. Provide a written document on the obligations of the parties to the conflict under International Humanitarian Law. (30 marks)
QUESTION 2
IHL provides that the means and methods of warfare that a party to the conflict engages in are not unlimited. This regulation has become, and continues to be more relevant in light of the advancement of technology in making sophisticated arms and biological weapons among others.
In light of the above statement, discuss at least 5 of the key rules relating to the means and methods of warfare in IHL that must be observed in an International Armed Conflict. (20 marks)
QUESTION 3
Critically analyse the effectiveness of the protections provided to Prisoners of War under the Geneva Convention III of 1949 in light of the modern warfare. (20 marks)
QUESTION 4
Discuss the effectiveness of the International Criminal Court (ICC) as far as the suppression of violations of International Humanitarian Law is concerned. (20 marks)
QUESTION 5
Provide explanatory notes on any TWO of the following:
a. The development and legal status of Customary International Humanitarian Law (10 marks)
b. Applicability of Additional Protocal II under IHL (10 marks)
c. The principles of Humanity and Proportionality under IHL (10 marks)
d. Treaty sources of IHL (10 marks)
e. Dum Dum bullets and IHL (10 marks)
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