Case-study-Ruraine-controlling-and-dictating-law-homework-help

this is the prompt

Please read this case study carefully and answer 3 of the 6 questions set out below. You should refer to Appropriate Treaties, Principles & Cases in Your Answers:- Answer 3 question out of 6, each one should be around 800 words

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In 1946, the Zadine federation of states came into existence with Ruraine controlling and dictating to the remaining member states of the federation including Ukassia. Ruraine exercised control of the other states by resettling large numbers of Ruraine citizens in other states of the Zadine federation. In 1952, Ruraine transported 175,000 Ruraine citizens to the south of Ukassia on the Ruraine and Ukassian border.

Ruraine and Ukassia became independent states when the Zadine federation ceased to exist in 1995. Ruraine insists that that the 1996 Ukassian Constitution guarantees the regional autonomy of Rurainians in the south of Ukassia, including their language and culture rights. In 1997, Ruraine and Ukassia signed and ratified the Statute of the Council of Europe, UN Charter, Genocide Convention and the European Convention on Human Rights and Fundamental Freedoms. There are cordial relationships between Ruraine and Ukassia from 1995 until 2014.

In 2014, Demento is elected as the President of Ukassia. Demento is an ultra Ukassian nationalist who believes that Ruraine manipulates Rurainians in the south of Ukassia to meddle in Ukassia’s internal affairs. Demento proposes a constitutional amendment to the Ukassian constitution removing the regional autonomy of Rurainians along the Ruraine-Ukassian border. A group, the ‘Rurainian Freedom Front’ (RFF), organize peaceful demonstrations in south Ukassia against this constitutional proposal. Ruraine is also concerned at Demento’s proposal. The Rurainian ambassador to Ukassia has a very frosty meeting with the Ukassian foreign minister to discuss this constitutional proposal. The Ukassian foreign minister informed the Rurainian ambassador that the constitutional proposal is a sovereign Ukassian matter. The Ukassian foreign minister believes that Ruraine is funding RFF and helping to organize the protests against the constitutional proposal. The Ruraine Ambassador refutes the foreign minister’s allegation. Ruraine decides to confer Rurainian citizenship on every Rurainian living in south Ukassia. Ukassia claims that the conferring of citizenship on Rurainians resident in south Ukassia is a provocative act and is meddling in the internal affairs of Ukassia.

Ukassia increases its security forces in south Ukassia. Ukassia prohibits public meetings of more than 20 Rurainians in the interests of public security. Ukassian security forces (USF) detain RFF’s leaders and members. Ukassia publishes an email from the Rurainian ambassador to Ukassia that was sent to the RFF’s leaders and a RFF bank account statement showing that Ruraine funds and directs RFF’s activities. Ukassia ends diplomatic relations with Ruraine and arrests the Rurainian ambassador for espionage. Ruraine claims that the arrest of the Ruraine ambassador breaches the diplomatic immunity afforded to Rurainian diplomats. Rurainians are so incensed by the Rurainian ambassador’s arrest that they protest at the Ukassian embassy in Ruraine. The Rurainian police guarding the Ukassian embassy return to their barracks as the Rurainian protestors arrive at the Ukassian embassy. The Rurainian protestors storm the Ukassian embassy to discover that Ukassian diplomats had already returned to Ukassia. The Ruraine protestors set fire to the Ukassian embassy and prevent the Ruraine fire brigade from extinguishing the fire. Ukassia complains to the UN Secretary General that Ruraine has failed to provide diplomatic protection to the Ukassian embassy and seeks compensation for the burning down of its embassy. Ruraine rejects Ukassia’s complaint about the embassy on three grounds. First, Ruraine did not have to afford diplomatic protection since Ukassia ended diplomatic relations with Ruraine. Second, Rurainian private citizens were responsible for setting fire to the embassy not Rurainian state agents. Third, the burning down of the Ukassian Embassy was an act of force majeure beyond the control of Ruraine.

A number of RFF members die whilst in the custody of the USF. Ukassia claims that these members died when they tried to escape from Ukassia’s maximum-security prison. The families of the deceased RFF members publish autopsy reports indicating that these RFF members had been beaten to death. Rurainians in south Ukassia protest about the deaths of the RFF members. USF forces clash with these Rurainian protestors. An improvised explosive device kills 32 members of the USF during this protest. USF open fire on the protestors killing over 150 Rurainians with scores injured. A forensic examination of the IED reveals the use of a military timer. Ruraine complains to the United Nations and the Council of Europe about the treatment of Rurainian citizens in South Ukassia. Ruraine claims that this behaviour constitutes aggravated state responsibility. Ukassia refutes Ruraine’s claim.

There is continued unrest in south Ukassia with gun and bomb attacks on USF. Ukassia derogates from the European Convention on Human Rights under Article 15 in relation to south Ukassia. Ukassia establish five re-settlement camps for Rurainians residing in south Ukassia. USF go from house to house to round up, detain and transport Rurainians to these re-settlement camps. Ruraine claims that Rurainians are enduring deplorable conditions in these re-settlement camps including beatings, forced labour, and a lack of medical treatment, food, water and shelter. There are reports that 8,000 Rurainian detainees have died in the camps. Children of the deceased detainees are placed for adoption with Ukassian families. The Rurainian Government believes that there is prima facie evidence that Ukassia is committing genocide and publishes a number of emails from President Demento’s office to the Minister for Defence asking about progress in the permanent removal of Rurainians from south Ukassia. Demento claims that the number of detained Rurainians in the camps who have died is less than 8,000, typhus was the cause of death of these detainees and that the emails allegedly from his office were forgeries. Ruraine asks the Special Rapporteur on the Prevention of Genocide to investigate Ukassia’s treatment of Rurainians in south Ukassia. Ukassia refuses to allow the Special Rapporteur to enter the re-settlement camps in south Ukassia citing security and health concerns. The Special Rapporteur examines the emails allegedly from Demento and statements from Rurainians who fled to Ruraine when they escaped from a re-settlement camp in south Ukassia. The Special Rapporteur believes that Ukassia is engaged in massive and serious violations of the human rights of Rurainian citizens in south Ukassia. The Special Rapporteur issues a statement declaring that Ukassia is engaged in genocide. Ruraine calls on the United Nations Security Council to take action to prevent any further massive and serious violation of human rights. France is an ally of Ukassia and declares that it will veto any United Nations Security Council resolution against Ukassia in relation to the treatment of Rurainians in south Ukassia. The Ukassian people approve of Demento’s constitutional proposal to remove regional autonomy for Rurainians in south Ukassia. There are reports that Rurainian citizens in south Ukassia were not permitted to vote on the constitutional proposal.

Ruraine and Ukassia share access to the Hiver Sea. Ruraine declares the establishment of an Air Defence Identification Zone (ADIZ) in the Hiver Sea. Ukassia claims that Ruraine’s ADIZ encroaches on Ukassian airspace. In addition, Ruraine informs States that it will adopt defensive military measures if any aircraft fails to provide flight information on request. Ruraine claims that it has a right under customary international law to declare such an ADIZ. 10 states with ADIZs refute Ruraine’s claim. These States issue a statement declaring that it is customary law that a State’s ADIZ cannot encroach on the territorial airspace of another State and that an ADIZ is only for flight information and identification purposes. However, 9 other States with ADIZs support Ruraine’s claim by issuing a statement that States are entitled to adopt defensive military measures where an aircraft fails to provide flight information on request in an ADIZ. China and Russia supports Ruraine’s claim to this form of ADIZ. Ruraine’s claim to the ADIZ increases the tensions between Ukassia and Ruraine.

Three USF jets fly through the disputed ADIZ. Two Rurainian defence force jets intercept the USF jets. The Rurainian jets inform the USF jets that they are in Ruraine’s ADIZ, constitute a threat to Ruraine and must immediately leave Ruraine’s ADIZ. The USF jets inform the Rurainian jets are violating Ukassian airspace and will be shot down if they do not immediately leave Ukassian airspace. The USF jets shoot down the Rurainian jets when they fail to respond to the request to leave Ukassian airspace. Ruraine issues a statement claiming that Ukassia’s shooting down of Rurainian jets constitutes aggravated state responsibility. Ukassia refutes Ruraine’s claim by claiming that Ukassia was acting in self-defence.

Ruraine launches a large military operation in south Ukassia to wrestle control of the five re-settlement camps from Ukassia. Ruraine informs the United Nations Security Council that this military operation is justified on grounds of humanitarian intervention and distress. Ruraine explains that it believed that Ruraine had to take this unilateral military operation because France would veto any United Nations Security Council against Ukassia. Ruraine secures four of the re-settlement camps. Ruraine discovers malnourished detainees and mass graves in these camps. Ruraine releases detainee statements that Ukassia deliberately infected detainees with typhus. Ruraine airlifts over 24,000 detainees to Ruraine and places these detainees in quarantine. Ukassia issues a statement that Ruraine’s invasion is aggravated state responsibility. Ukassia informs the United Nations Security Council that Ukassia will act in self-defence in order to restore its sovereignty over south Ukassia. There are significant Rurainian and Ukassian military casualties during Ukassia’s military operation to restore sovereignty over south Ukassia. Ruraine refuses to order its military units to leave south Ukassia until there is an investigation into Ukassia’s alleged genocide of Rurainians. The United Nations Secretary General calls on Ruraine and Ukassia to settle their dispute peacefully. There are reports that Ruraine military personnel are robbing, beating and detaining Ukassians in south Ukassia. Ukassia requests that the Commissioner of Human Rights of the Council of Europe undertake an investigation into these alleged human rights violations by Rurainian troops. Ruraine states that Rurainian troops cannot be guilty of human rights violations on the sovereign territory of another State such as Ukassia.

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QUESTION ONE

You are legal adviser to the UN Secretary General.

  • Discuss how the Convention on the Prevention and Punishment of the Crime of Genocide 1948 defines genocide. [10%]

(b)Discuss the role of Special Rapporteur on the Prevention of Genocide arising from the facts of this case study. [10%]

(c)Consider if Ukassia has committed genocide against Rurainians in south Ukassia in this case study. [80%]

QUESTION TWO

You are a legal adviser to the Ukassian government.

  • Explain the process by which a customary principle of international law comes into existence. [30%]
  • Assess the strength of Ruraine’s claim to a customary principle for an ADIZ in the Hiver Sea. [70%]
QUESTION THREE

You are a legal adviser to the Ukassian government.

  • Discuss the purpose and importance of the Vienna Convention on Diplomatic Relations 1961. [20%]
  • Consider if there have been violations of the Vienna Convention on Diplomatic Relations 1961 occurring in this case study. [80%]
QUESTION FOUR
YOU ARE LEGAL ADVISER TO THE UNITED NATIONS SECRETARY GENERAL.
(A)DISCUSS THE DIFFERENCE BETWEEN ORDINARY STATE RESPONSIBILITY AND AGGRAVATED STATE RESPONSIBILITY. [20%]
(B)IDENTIFY AND DISCUSS INCIDENTS OF ORDINARY AND AGGRAVATED STATE RESPONSIBILITY OCCURRING IN THIS CASE STUDY. [80%]
QUESTION FIVE

You are a legal adviser to the United Nations Secretary General. You must assess the strength of the claims made by Ruraine and Ukassia in using force against each other in this case study. [100%]

QUESTION SIX

You are a legal adviser to the Commissioner of Human Rights of the Council of Europe. You must identify and discuss the potential violation of rights of the European Convention on Human Rights and Fundamental Freedoms 1950 arising in this case study. [100%]

Note: please i need an original work (((no plagiarism))) this will be checked via Turn it in.

consider that im an international student , so please do it simple language, easy to understand.

the reference style is OSCOLA or OXFORD.

 
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