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Critical Essay To those for whom the greatest threat to the future of the international order is the use
of
force in the absence of a Security Council mandate, one might the context of Rwanda: if in those
dark days and hours leading up to the genocide a coalition of States had been prepared to act in
defence
of
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Tutsi
population,
but did not receive prompt Security Council authorisation, should such a coalition have stood aside
and
allowed the horror to unfold? To those for whom the Kosovo action heralded a new era when States
and
groups of States can take military action outside the established mechanisms for enforcing
international law, one might ask: is there not a danger of such interventions undermining the
imperfect, yet resilient, security system created after the Second World War, and of setting
dangerous precedents for future interventions without a clear criterion to decide who might invoke
these precedents, and in what circumstances? (Kofi Annan, 54th session of the UN General
Assembly, 20 September Critically examine the following in light of the above quote: (a) the
international law mechanisms and (b) any obligations imposed upon the international community
when
a
civilian population at risk of mass atrocity crimes within a state requires international protection.
Course and Unit Learning Outcomes Addressed At the completion of this unit you should be able to:
1.
discuss the operation of public international law in relation to the Australian legal system (CLOs 1, 1,
1) 2. apply the relevant concepts, principles and rules of public international law and effectively
communicate your analysis (CLOs 1, 2, 2, 2, 4) 3. research, evaluate and interpret primary and
secondary sources relevant to the laws of other jurisdictions (CLOs 3, 3). Specification s Due date:
Wednesday 3 October ( 11:59pm) Submission: online via Turnitin using link on Blackboard Word
length: 2500 words Weight: Overview This task requires you to write an essay which critically
evaluates the international law mechanisms available and any obligations imposed upon the
international community when a civilian population requires international protection. Your essay must
use examples from international law to illustrate your argument. Your essay will be marked against
the
criteria contained in the CRA Sheet (below). Please note that the criteria are not equally weighted,
but are listed in descending order of importance (that is, the most important criteria are listed at the
top). What you will do 1. Critically analyse different arguments relating to effectiveness of the
international law mechanisms available and any obligations imposed upon the international
community when a civilian population requires international protection. 2. Use examples to illustrate
your
reasoning, drawing on international law covered in this unit. Examples could include specific
treaties, cases or case studies. 3. Also consider the fundamental principles of international law
covered
in
this
unit and how these principles affect the mechanisms available and any relevant obligations. a. For
example, fundamental principles include sovereignty, and consent. 4. Some research may be required
to
help
with
your
critical analysis and to identify relevant examples. 5. Plan your response logically, so that your
argument is stated clearly at the beginning and developed throughout using logical reasoning and
examples for illustration. 6. Present your response in essay form, including an introduction, body and
conclusion. LLB141: Assignment Criteria and Standards for Grading Total: 40 marks Criterion High
Distinction 7 Distinction 6 Credit 5 Pass 4 Fail Critical analysis Acknowledgement and reconciliation
of
competing or conflicting arguments. Articulates basis for choosing between them. Thoughtful
analysis
of
broader implications of issues. Acknowledgement of competing or conflicting arguments. Articulates
basis for choosing between them. Acknowledgement of broader implications of issues.
Acknowledgement of competing or conflicting arguments. Some acknowledgement of broader
implications of issues. Significant reliance on arguments or ideas. Satisfactory attempt to
contextualise issues. Difficulty in reconciling competing arguments or articulating the basis for
choosing between them. Cohesion and cogency of argument Clear conclusions are drawn. Arguments
are
logically and cogently developed throughout essay. Arguments are supported appropriate evidence.
Examples are used effectively to illustrate arguments. Conclusions are drawn. Arguments are
logically developed throughout essay. Arguments are almost always supported appropriate evidence.
Examples are mostly used effectively to illustrate arguments. Conclusions are drawn on some issues.
Arguments are laboured or reflect logical gaps in reasoning. Some, but not all, arguments are
supported appropriate evidence. Examples are sometimes used to illustrate arguments. Research and
resources Relevant legal instruments and scholarly sources are cited. Sources relied upon are
persuasive and reputable. Conclusions are drawn on some issues. Arguments are developed
throughout essay, with some gaps in logic. Most arguments are supported appropriate evidence.
Examples are used to illustrate arguments, though not always effectively. The legal instruments and
scholarly sources cited are mostly relevant. Sources relied upon are usually persuasive and reputable.
Some relevant legal instruments and scholarly sources are cited. Sources relied upon are usually
reputable, though not always persuasive. Structure Clear and coherent introduction, body and
conclusion. Paragraphs and sentences are well structured and logically linked. The introduction, body
and
conclusion are mostly clear. Paragraphs and sentences are usually well structured and logically
linked. Essay is very and All references are correct in detail and footnotes are consistently styled
using the AGLC3. Appropriate acknowledgement of ideas. Essay is although there are some
proofreading errors. Most references are correct in detail and footnotes are consistently styled using
the
AGLC3. The introduction, body and conclusion are satisfactory. The structure of paragraphs and
sentences, and the linkages between them, are satisfactory. Essay is satisfactorily written. There are
numerous errors. There has been an attempt to footnote correctly in accordance with the AGLC3.
Style and citation Relevant legal instruments and scholarly sources are cited. Most sources relied
upon are persuasive and reputable. Clear introduction, body and conclusion. Paragraphs and
sentences are mostly well structured and logically linked. Essay is and Almost all references are
correct in detail and footnotes are consistently styled using the AGLC3. Appropriate Rehearses
arguments or ideas. Awareness of broader is incomplete or simplistic. Significant difficulty in
recognising or reconciling possible alternatives. Conclusions are not drawn or, if they are, evidence
logical gaps in reasoning. Arguments are poorly adapted to the specifics of the question. Insufficient
evidence
to
support arguments. Insufficient or ineffective use of examples to illustrate arguments. Relevant legal
instruments and scholarly sources are not cited. Reliance on sources of dubious quality. Essay lacks a
clear structure. Paragraphs and sentences are poorly structured. Essay is not written satisfactorily.
There are many proofreading errors. Referencing practices are incorrect. Lack of appropriate
acknowledgement of ideas. Appropriate acknowledgement of ideas. Appropriate acknowledgement
of
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