Reference no: EM133001425

Assignment 1 (max 3 pages).

Clashes between government forces and the Arakan Rohingya Salvation Army (ARSA) have been on going in the Rakhine State, Myanmar since October 2016. This has resulted in a in the media described genocide and by the UN branded ethnical cleansing of the Rohingya minority in the region. The president of the Security Council has as a result called for an emergency meeting of the council to respond to the escalating violence and humanitarian situation in the Rakhine state in Myanmar.

Find the appropriate UN material to write a Security Council resolution based on the situation in Myanmar. When writing your resolution keep in mind that the content needs to follow a logic both when it comes to content and political circumstances, i.e., it should be a resolution that is possible for the Security Council to pass (therefore also bear in mind which states are members of the council). The following states are non-permanent members of the council in 2016: Sweden, Bolivia, Egypt, Ethiopia, Italy, Japan, Kazakhstan, Senegal, Ukraine and Uruguay.
Write in your own words, do not copy and paste from UN material, this is plagiarism and will lead to disciplinary action.
The following sources are a starting point to answering the assignment (you need to search for them):
- UN Charter (the 26th of June, 1945)
- The Convention on the Prevention and Punishment of the Crime of Genocide (A/RES/260A(III), 9th December, 1948)
- What's in Blue- Insights on the work of the UN Security Council, 24 feb, 2017
- What's in Blue- Insights on the work of the UN Security Council, 30 aug, 2017
- What's in Blue- Insights on the work of the UN Security Council, 12 sep, 2017
- Report of the Special Rapporteur on the situation of human rights in Myanmar, (A/HRC/34/67).

Assignment 2 (1-2 pages)
Write a comment to your resolution where you show, explain and discuss how you have applied international law in your resolution. Account for the political reasoning behind the resolution's content. This shall be based on the relationship between international law and international politics.
Make references to the course literature, even if Myanmar is not featured as a case in the literature, you shall make use of the course literatures and its interpretations of the UN Charter and its explanations of the UN's functions.

Assignment 3
a) The right to self-defence has throughout just war tradition and political history been a just cause of going to war. However, the premises for self-defence have changed depending on different historical and political contexts. Since 1945 states' right to self-defence have been guaranteed by article 51 in the UN Charter. However, article 51 does not state the criteria of self-defence (i.e., when and how self-defence is to be carried out). The Caroline Case from 1837 has been and still is seen as customary for how to interpret the right to self-defence. The principles of the Caroline case have since the beginning of the War on Terror in 2001 been challenged by the notions of pre-emptive and preventative self-defence. Discuss the challenges that pre-emptive and preventative self-defence poses to article 51 of the UN Charter, the customary understanding of self-defence and the preamble, article 1 and article 2.4 of the UN Charter. (max 1 pages, 4 points).

b) The principle of sovereignty is foremost a principle for upholding peace in the international community by guaranteeing the territorial integrity of states. The UN Charter is to a large extent based on safe guarding state sovereignty by the notion of collective security running through the Charter. What is meant by collective security and how is it visible in the Charter? (max 1/2 page, 1 points)

c) What is meant by jus ad bellum in just war tradition and theory? (max ½ page, 1 points)

d) Just war tradition clearly illustrates that war has throughout human history had a set of norms based on the conception that war needs to be just, both in cause and conduct, as the natural state of humankind has been understood as being peace. The idea of the existence of a Law of Nations (ius gentium) was introduced by the Romans and has influenced Western thinkers and legal tradition ever since. Despite the long history of the just war tradition and its customs and principles the legitimacy of public international law (jus bellum/bello) is questioned based on its effectiveness in preventing war and war crimes in a system of nation-states. Jus bellum laws are often questioned whether they actually are law at all or whether norms have any place at all in international relations. From the perspective of the just war tradition discuss the nature of international law, and whether its legitimacy rests on the compliance and application of states in international relations or from its long historical tradition. (max 1 pages, 4 points).

Attachment:- Exam ihl.rar