International Humanitarian Law and Russia-Ukraine conflict
Paper details:
1. You must explain what body of international law is implicated in the story you
have chosen.
2. You must discuss how that body of international law is generally designed to be
enforced. (That is, which enforcement mechanisms are codified in the relevant
treaties.)
3. You must discuss at least two enforcement mechanisms in the context of the
specific events covered in the story. They can be those that are part of how that
body of international law is designed or they can be others. But either way, you
must discuss how these enforcement mechanisms are operating (or not
operating) in the story. Be specific. You must also compare how they are
operating to how the body of law is actually designed to be enforced and discuss
the implications of this comparison.
a. For example, if the story you chose relates to the Law of the Sea, you
might explain that the Law of the Sea treaty is designed to be enforced by
an international court (the Tribunal for the Law of the Sea.) Nevertheless,
you might point out that in this story, the Law of the Sea is actually being
enforced through monitoring and social pressure. One implication of
relying on social pressure instead of international courts is that claims that
a party has behaved illegally are less credible when made by NGOs than if
they had been delivered through a legally binding court judgment.
Nevertheless, since NGOs are often highly respected, their claims carry
their own type of moral, if not legal, power.
4. You must also compare how the operation of these enforcement mechanisms in
the story is similar or different to how they operated in the course material where
you have also seen them and discuss the implications of these similarities or
differences.
a. For example, you might compare the use of social pressure to enforce the
Law of the Sea with how social pressure operated in the article on
Argentina by Brysk. What is similar? What is different? What are the
implications of these similarities or differences for the effectiveness of the
law referred to in the story? In other words, what do you know from other
readings about how the particular enforcement mechanism does or does
not work that helps you understand how effective it may be in this case?
The point of this assignment is to be analytical. By that I mean using the concepts from
the course material to reach a deeper understanding of how international law is
operating in a particular case. You do not have to offer a single thesis statement in your
analysis (though you may). Nevertheless, you should summarize your analysis at the
beginning of your paper so that your reader (me) knows what to be looking for as he
reads. You should also summarize the story or stories you are writing about only as
much as you need to so that your reader understands what you are talking about.
For the news story use: Russian Invasion in Ukraine.
http://www.worldaffairsjournal.org/article/ukraine-invasion-one-year-later Talk about how Russia took over Crimea and how they violated IHL and how Ukraine responded to it. Really focus on an enforcement mechanism. You can also use news stories about Russian and Ukrainian conflict that are no more than 6 month old