456Z0057 International Criminal Law L6 Assignment Brief | MMU

456Z0057 Assignment Task:

Attempt to answer the provided scenario.

The word limit is 3000 words in total including references (footnotes).  Words the exceed the word limit will not be marked. You do not need to add a bibliography.

456Z0057 Module Learning Outcomes Assessed:

This assessment assesses the following Unit Learning Outcomes:

1. Apply principles relevant to the study of international criminal law.
2. Conduct independent  research  and  evaluate  primary  & secondary sources  to  provide  well-argued solutions to the given problem scenarios and offer reasoned choice between alternative solutions.
3. Analyse and advise on a variety of materials from national and international legal sources.
4. Present complex legal material in a set professional format.

456Z0057 Background and Context: 

This assignment examines basic principles of international criminal law. Theassignment asks students to  consider some  issues linked to jurisdiction in international  criminal law,the concept of an international crime covering genocide, war crimes, crimes against humanity and acrime of aggression, individual criminal responsibility for international crimes.  It builds upon skills andknowledge developed at L4 and L5, in analysis, application of sources, constructing arguments, andproviding  legal  advice,  and  develops  skills  in  practical  legal  research  and  legal  drafting  to  ensurestudents are prepared for employment and further study upon graduation.

Assignment Details and Instructions of 456Z0057:

Mouseland, a small country in the Disney Universe, has been experiencing political instability forthe past two decades. The country is divided into two main ethnic groups: the Mouses and theDucks. The Mouses have held the political power for the last 20 years, while the Ducks have beenmarginalised.

At   the   beginning   of   2022,   tensions   between   the   two   ethnic   groups   escalated   when   thegovernment, led by President Mickey,  initiated a  campaign  against the Ducks. The Presidentaccused the Ducks of plotÝng to overthrow him and his government to take the power and ruleMouseland on his behalf. With the aim of preserving national security, President Mickey orderedhis  military  force  to  carry  out  “Operation  Purity”.  The  latter  included  the  transferring  of  theentire  Duck  population  to  certain  enclosed  districts,  whose  entrance  and  exist  were  strictlyregulated by the same government. The Government was, then, controlling that only limited rawmaterials  and   essential   food   would   be   introduced   to   those   enclosed   neighbourhoods.Additionally, the  Ducks   could not   walk freely  in  Mouseland  or  even  work  in the  latter. Thiscreated streinous living conditions  for the entire Duck population who slowly started to die.Finally, the President made sure that some Ducks children would be kept out of those districtsonly if adopted by Mouse families.

At the end of 2024, President Mickey, seeking to expand Mouseland’s territory and resources,launched an unprovoked military invasion of the neighbouring country, Duckburg. The invasionwas justified by false claims that Duckburg was harbouring Ducks  terrorists. The internationalcommunity condemned the invasion, but President Mickey ignored calls for withdrawal.

Both countries, Mouseland and Duckburg ratified the International Criminal Court (ICC)’s RomeStatute in 2017 but only the latter accepted the amendments of the Rome Statute with regardsto the crime of aggression.

Write an advisory letter to President Mickey addressing the following points:

1. Under the  Rome  Statute,  which  two  international  crimes  have  allegedly  been  committed? Justify your answer using the relevant provisions of the Rome Statute.
2. Justify why it is not possible to envisage the commitment of the other two crimesunder the Rome Statute.
3. Discuss whether the ICC has jurisdiction for any of the crimes identified above in Q1.Explain your answer using the relevant provisions of the Rome Statute and caselaw.

How to do well in this assessment:

• Read the scenarios carefully and pay close attention to what each scenario asks.
• Use the IRAC structure.
• Ensure that the word limit is met. Words that exceed the limit will not be marked.- Proofread your assignment.
• Ensure that your writing is clear and grammatically correct, and that there is no ambiguity in your written expression.
• Ensure you understand how to reference / cite sources using the OSCOLA system

Support for this Assessment:

• Materials on the Unit Moodle page e.g. on referencing and citing sources using OSCOLA. There are also materials on the library web pages to help you with referencing and citatingsources.
• Weekly practice scenarios uploaded and attempted every week by the students.
• A past exam question for you to attempt voluntarily.-Assessment Podcast
• Lecture 10 & Seminar 10 on the assessment Problem Question
• Drop ins

456Z0057 Marking criteria: 

This assessment will be marked using the L6 LLB marking criteria.This assessment will be marked using the L6 LLB marking criteria. All marks allocated toassessment  elements which are  assessed  using   the   marking   criteria below  align  to   theUniversity’s   ‘Stepped   Marking   Scheme’   (see   the   Verification,   Marking   and   Moderation Policy).

The following are general guidelines of the level of work that would be expected in order to achieve the relevant grade.You can also find the L6 LLB marking criteria in the Moodle

FIRST CLASS 70%-100%

• The work is communicated fluently and creatively in the appropriate form with precise use of English.
• The structure is well conceived and clearly signposted. The paragraphs are clearly linked and create a seamless piece of work. The discussion of issues is in proportion to their importance.
• There is authoritative knowledge of the law and a clear grasp of the wider context in which the law operates.
• The law is convincingly applied to the issues in the question, and sophisticated conclusions are reached. There may also be speculation about alternative scenarios and conclusions which are extrapolated with precision.
• There is the ability persuasively to assess the strengths and weaknesses of the key arguments and very good critical analysis / evaluation.
• There is extensive reference to primary and secondary sources to support the points, and there is also assessment of the value those sources.

UPPER SECOND CLASS 60%-69%

• The work is communicated clearly and confidently in the appropriate form and the writing style is very good. The structure is well conceived and clearly signposted making the discussion easy to follow.
• The law is clearly and accurately explained with a very good level of understanding and there is understanding of the wider context.
• The law is confidently applied to most of the issues in the question, but some of the more nuanced points may have been omitted. Justifiable conclusions are reached and there may be limited speculation about alternative scenarios and conclusions where appropriate.
• There is the ability to identify, analyse and balance the key arguments with evidence of critical evaluation where appropriate.
• There is very good reference to primary and secondary sources to support the points, although there may be little attempt made to assess the value of those sources.