T1482-Humanitarian and Refugee Law & Thomas and Andreas Case Study – Law Assignment Help

Assignment Task


Humanitarian and Refugee Law

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As a part of this internal assignment, you will have to solve the below given hypothetical question based on fundamental principles, provisions and precedents. Students can also identify new issues and analyse them based on fundamental principles, provisions and precedents by applying their analytical skills.

1. Identify/Define the provision(s) applied in the above given problem taking reference from the four Geneva Conventions, the Hague Conventions, Additional Protocols, Human Rights instruments, other sources of international humanitarian law including customary international humanitarian law etc. 
2. Application of Articles/ Legal provisions with explanation/ justification/ exceptions
3. Innovative approach for solution
4. Case Laws and other sources cited
5. Analysis & Conclusion 

The problem and questions are attached here with:
Thomas is a 13-year-old boy whose parents do not have sufficient means to send him to school, so he helps his father as a rag picker. Another boy, Andreas, who is 15 years old, lives next to Thomas and works as a labourer on a farmer’s field for very little pay. Both Thomas and Andreas are friends living in the village of Lebeba situated in Lizerina, a war-torn country. Lizerina is one of the developing nations which was decolonized in the early 2000s. An organized non-state armed group, SvallaZabuba, in Lizerina has been trying to overthrow the government and bring in their rule over the country. SvallaZabuba has the means of obtaining modern weapons to fight against the government of Lizerina. These weapons are being supplied by a neighbouring state, Riceland, which has a vested interest in overthrowing the government of Lizerina. The leader of SvallaZabuba, Kosta, mandates his subordinates to take over the village of Lebeba. 

He also orders his soldiers to give no quarter, ensure starvation of the civilians and pillage. 
The members of SvallaZabuba capture Lebeba. In order to gain complete control, Kosta orders them to expand their group and recruit new members. Upon the command of Kosta, the members initiate the process of recruitment and announce that all the males above the age of 10 years mandatorily need to join their armed group. Kosta also orders that any male member who refuses to join their armed group should be murdered on the spot. As a result, Thomas and Andreas are both conscripted to their armed group forcefully. Both Thomas and Andreas are trained strictly by SvallaZabubawho indoctrinates them. Thomas and Andreas were forcefully administered drugs on daily basis. 

The newly conscripted members were required to follow the orders of Kosta and other senior members; otherwise, they would be maimed or killed and their family members, tortured. After the training was completed, both Thomas and Andreas performed every order given by SvallaZabuba religiously without fail. These orders included indiscriminate killings, beheading, kidnapping, pilferage, looting, raping and other criminal acts. Once they were trained to fight,  against the government on behalf of the rebel group SvallaZabuba, Andreas was given his first task to prove his allegiance towards SvallaZabuba and mainly Kosta after two years of his conscription. Kosta ordered Andreas to kill Thomas to prove his allegiance, as a reward, he was offered to be promoted as the direct subordinate of Kosta at his headquarters. To become a direct subordinate to the leader, Kosta, Andreas kills Thomas, his childhood friend.   

On the basis of facts given, answer the following questions:  

a) Classify the type of armed conflict given in the problem with the help of relevant cases. Can SvallaZabuba be considered as a party to the armed conflict? 
b) Can SvallaZabuba be held liable for conscripting children in their armed group? Trace theother  violations of international humanitarian law in the given problem with relevant case laws and international legal instruments and relevant principles and cases. 
c) Can Andreas be held liable for killing Thomas? Does he have any defences.

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