Kosovo Summer University Professor Slomanson
Pristina University Kosovo Due no later than Friday
Take-home Final Examination August 2, 200210:00 AM
Instructions: This is a two-page take-home final examination for the course in Public International Law (#16). This examination contains of ten short essay questions-all involving the same developing situation. Each of these essay questions must be answered in English, and with no more than 100 words which is slightly less than half of a typed page. Your entire examination answer should thus be the equivalent of about five (5) typed pages. You must use one-inch margins and 12-point font (and the equivalent of both, if you have to handwrite your examination because of electricity problems).
I will be available for one hour after I distribute this examination in/near our classroom, so that I can answer any questions you have about the English meaning of any word used in this examination. I will, power permitting-accept e-mail questions about words used in the examination, but not the legal principles associated with any word. I will review my e-mails late Thursday afternoon if power is available. I will not be able to do so after 6 PM on Thursday.
You must do your own work when writing this final examination. Plagiarism (two or more papers which are produced from the same source) will result in "F" grades. You do not have to make citations to cases, or other resources, but may do so if you feel that will improve the quality of your answers. Such citations will be counted as part of your 100-word limit.
Note: The U.S. military equivalents for the letters of the alphabet include: "K" = Kilo and "Y" =
Yankee. I will use such terms for describing the countries where the hypothetical events in this
examination take place. ME FAT! [Albanian for Good Luck, but not the very different meaning in English.]
Facts: Political relations between the nation of Yankee and the nation of Kilo have been steadily deteriorating. Several years ago, State Yankee launched a land-based military offensive against its smaller neighbor (Kilo). Yankee could have annexed Kilo-which used to be a part of Yankee-because Yankee's military is far superior to that of Kilo. Instead, Yankee withdrew its forces from Kilo. Yankee's diplomatic ambassador to Kilo then announced that Yankee's leadership was satisfied that it no longer had anything to fear from Kilo, because Yankee had so easily controlled Kilo's terrain during Yankee's brief military campaign. Yankee has since stationed a number of its ground troops near the Yankee-Kilo border. Yankee has also sought a number of economic concessions from Kilo (since Yankee's successful invasion a few years ago). Kilo has reluctantly acquiesced in Yankee's demands.
Certain Kilo government officials planned an event, which they referred to as Operation Anticipation. This morning, their designated pilot thus flew a Kilo fighter plane into the building, which is Yankee's governmental headquarters-and one of Yankee's most precious national symbols. Several hundred of Yankee's military and civilian workers were killed, who were either in the Yankee government building or harmed outside by falling debris.
The pilot was Captain Pajaziti, who is a military officer in the Kilo Air Force. He ejected from his aircraft immediately before the plane crashed into the Yankee government building. Pajazitiescaped by changing into civilian clothing and concealing his pistol to avoid capture. The Yankee police later captured Pajaziti.
You work on the staff of the United Nations 6th Committee (Legal). Because of your superior command of international legal principles, you have been selected to provide an analysis of the issues below. It is now Thursday, 12:00 noon. You must provide your work product for committee review by Friday, 10:00AM. The UN Security Council will then meet to decide what action to take, based upon your analysis of the following issues:
Questions:
1. Did Kilo's Operation Anticipation in Yankee violate International Law?
2. Could Kilo justify Operation Anticipation on the basis of self-defense?
3. What jurisdictional principles of International Law could Yankee use to prosecute Captain
Pajaziti?
4. Yankee police later capture Pajaziti. Skenderbeu is a Kilo consular official who works in
Yankee.Skenderbeu is allowed to talk to Pajaziti by cell phone for two minutes. The Yankee
police tape record this supposedly private conversation. Have Yankee's police thus violated
International Law?
5. The Kilo police thus learn the surprising fact that Captain Pajaziti-in addition to being the
military officer who flew the airplane into Yankee's government building-is also Kilo's current
Ambassador to Yankee. Can Pajaziti claim immunity from prosecution?
6. After Skenderbeu leaves the Yankee jail where Pajaziti is being detained, the Yankee police
interrogatePajaziti. They use the "shaking" technique described in the Israeli Interrogation
cases. Have the Yankee police thus violated Pajaziti's individual rights under International
Law?
7. Assume that you are now the chief prosecutor for Yankee. Your task is to determine in what
international court or courts to file charges against both Pajaziti and Kilo, so that more
attention will be brought to Operation Anticipation. In what court or courts would you file this
case?
8. What crimes would you claim that Kilo and Pajaziti committed, were you to file a case in
these international tribunals?
9. Would you be able to sue Kilo in a court within State Yankee?
10. Could the Yankee government nationalize the Kilo-owned tractor manufacturing plant in
Yankee? If so, would Yankee be required to compensate Kilo?
INTERNATIONAL LAW PROFESSOR SLOMANSON
FINAL EXAMINATION SUMMER 2003
PRISTINA UNIVERSITY EXAM # _ _ _ _
Instructions: This is a takehome examination. You will hand the following to Zana–our ATA Logistics Officer–between 9:30 AM and 10:00 AM on Friday, August 1, 2003, near the ATA office on the 4th floor of the FakultetiJuridik: (1) your book and (2) your exam answer. Any answers/books not given to Zana at the above time on Friday will not be graded, and will not receive any credit for this course. Place your Exam number–but not your name–on your answer. Failure to do this will result in no credit for the course, because I do not want to know whose exam I am grading. I will be available to answer any form (but not substance) questions at the outside Stellar Bar Caffe–across from the Swiss “Embassy” near the Grand Hotel–from 6 PM (1800) until 7 PM (2100) on Thursday, July 31, 2003.
Page limitation: Limit your answers to the following questions–which must be in English (the language of this course)–to a total maximum of 5 typewritten pages. I will accept handwritten answers if you cannot type them. The font size for both typewritten and handwritten answers must be no smaller than the standard 12-point font–and all margins no smaller than one inch (per these same instructions, which were previously handed out in class). This page limitation will allow you to write and rewrite your answer, before you submit it to me, which is an important part of the learning process associated with this course and it final examination.
Plagiarism: You may discuss this examination with other classmates. However, you must write your own examination answer. If any two or more answers are evidently the same, these answers will not receive credit for this course. The decision of the co-professors will be final.
Facts:The fictional nations, Unita and Iraga, are parties to all relevant treaties. Unita is a powerful democratic nation in the western hemisphere. Iraga is a lesser developed military dictatorship in the eastern hemisphere. Iraga is developing a growing international trade in Ratsaflatzapackalumer (RFP). This product is Iraga’s only export. Profits from Iraga’s production and marketing of RFP are used to improve the condition of life for Iraga’s citizens. A poisoned shipment of RFP arrives in Unita, resulting in the death of hundreds of Unita citizens. Unita’s legislature thus enacts the following amendment to its Foreign Relations Law:
General exception to the jurisdictional immunity of foreign states: A foreign state shall not be immune, however, from the jurisdiction of the courts of Unita in any case in which money damages are claimed against a foreign state–for personal injury or death that was caused by an act of torture, extrajudicial killing, aircraft sabotage, hostage taking, or any other terrorist act engaged in by an official, employee, or agent of such foreign state while acting within the scope of his or her office, employment, or agency.
A radical group of Iraga citizens, known as Alka, claims responsibility for poisoning the RFP before it left Iraga. Unita’s leader believes that Iraga clandestinely supported Alka’s poisoning the RFP shipment sent to Unita. Unita’s leader becomes increasingly bellicose (warlike). She issues the Presidential Executive Order:
This nation will no longer tolerate Evil Doers who intend to terrorize the citizens of the peace-loving people of Unita. Three-hundred forty-two Unita citizens endured a new form of torture, at the hands of the government of Iraga, and its henchmen known as Alka. I have thus issued the following five actions:
(Presidential Executive Order continued)
1. Today, I have ordered the arrest of all Iraga diplomats.
2. They will be sent to our military facility in Guantanamo, Cuba, where they will remain in our custody–along with other illegal combatants–during Unita’s continuing war on terrorism.
3. I have also authorized the seizure of all Iraga commercial vessels in Unita’s ports, as a means of preventing any further entry of RFP into Unita.
4. Our war on terrorism necessitates my ordering Unita’s immigration authorities not to consider any request for asylum made by any citizens of Iraga who now, or in the future, find their way to our shores.
5. Finally, I hereby place Iraga on notice that Unita will take whatever military action is required to defend Unita from the scourge of terrorism now emanating from Iraga. Unita does not intend to wait until the United Nations Security Council debates whether (or not) to take action. This Executive Order will remain in effect until the perilous times we now face no longer threaten the existence of this nation.
The nations of Iraqa and Unita submitted to the compulsory jurisdiction of the International Court of Justice as follows:
Unita’s Submission to the Compulsory Jurisdiction of the Icj
Sept. 28, 1946: Unita hereby submits to the compulsory jurisdiction of the International Court of Justice for all cases arising under International Law. However, under Article 2.7 of the UN Charter, no entity within this new organization may intervene in affairs falling within the domestic jurisdiction of Unita, as determined by Unita.
Iraga’s Submission to the Compulsory Jurisdiction of the Icj
Jan. 15, 1975: Iraga hereby submits to the compulsory jurisdiction of the International Court of Justice, on the basis of reciprocity, for all cases arising under International Law.
Questions: You are a private lawyer who excelled in your course in International Law. You have been retained to provide your analysis of the questions below. The relatives of the deceased Unita consumers of poisoned RFP come to you–requesting that you file a lawsuit against Iraga in all of the following venues (forums)–so that they can obtain as much publicity as possible: the International Criminal Court, the International Court of Justice, and a local court in Unita. They believe that the country of Iraga purposefully arranged for shipments of poisoned RFP to Unita, as a means of terrorizing Unita citizens. These relatives want you to negotiate directly with Iraga’s leader. They also want you to sue her personally, in addition to the above suits against the nation of Iraga.
What advice should you give to your Unita clients regarding:
*your ability to negotiate with Iraga’s leader on their behalf;
*the power (competence or subject matter jurisdiction) of the above forums to proceed
with the requested litigation against the nation of Iraga;
*whether there are jurisdictional bases, under International Law, to justify the
application of Unita law to prosecute an Iraga citizen responsible for the death of the
Unita citizens (assume that the leader of the Iraga group–responsible for poisoning the
RFP that was shipped to Unita–is in the custody of Unita); and
*the problems arising under International Law with the plans contained in the Unita
president’s Executive Order.
PUBLIC INTERNATIONAL LAW (PIL) PROF. SLOMANSON
FINAL EXAMINATION PRISTINA UNIV 2004
INSTRUCTIONS.Page limitation–five pages. Preferably typed, single- or double-spaced. Use standard font and 1-inch margins. Submit in English no later than 10:00 AM, Friday, July 30th just outside of ATA office on 4th floor of Law/Economics Building. Warning: You may discuss this exam with other students. However, you must write your own examination. Two or more answers that are the same will receive a grade of “F.”
FACTS.Kukkesovo is a troubled country. Its population is ethnically 90% “Labanian”people and 10% “Bersian” people. Kukkesovo’s leader is a nationalistic Labanian named Tina Gurova. She decides that the Bersian minority is a threat to Kukkesovo’s future because of its proximity to Bersia–a larger and more powerful nation on Kukkesovo’s border–whose ethnicity is almost 100% Bersian. Tina therefore launches a brutal campaign to force all Bersians to leave Kukkesovo. Bersians are thus forced to leave their houses and to flee to neighboring countries.
One of those countries, Madonia, initially allows 100 Bersians to enter Madonia. Madonia soon decides to block any more Bersians from entering Madonia. Madonia also sends the previously admitted Bersians back to Kukkesovo.
These 100 Bersians are immediately imprisoned–on the basis that they have now violated the Kukkesovo executive order of Tina Gurova to leave Kukkesovo. While in prison, they are beaten, denied access to legal assistance, and never charged with any crime.
Kukkesovo and Madonia have ratified all relevant multilateral treaties (which you have studied in this course). Kukkesovo’s submission to the compulsory jurisdiction of the International Court of Justice (ICJ) states that: “Kukkesovo accepts ICJ jurisdiction in all cases, except for matters included within Kukkesovo’s sovereign right to manage ethnic tension within its borders.”
A young, idealistic Labinian named Never Hanasi is Kukkesovo’s Foreign Minister. He complains to Time Gurova about the way that she is treating ethnic minority Bersians. She ignores his advice that Kukkesovo change the way in which it is treating its Bersian population. He writes a newspaper article that circulates around the world. A group of countries, lead by the nation of ASU, are militarily aligned in an international organization called “OTAN.” OTAN seeks a United Nations Security Council (UNSC) resolution, seeking authority to take whatever measures are necessary to respond to Kukkesovo’s ethnic discrimination–because it is a major threat to regional peace. Tina Gurova responds by publicly stating that the UN Charter specifically bars any country or organization from interfering with the internal affairs of any nation.
OTAN decides to bomb Kukkesovo, hoping to force its government to change its repressive discrimination against the ethnic minority Bersians. Neither OTAN nor ASU seek a UNSC resolution authorizing such force, because Kukkesovo’s neighbor Bersia is a permanent member of the UNSC which would veto such a bombing. Tina Gurova flees from Kukkesovo to Madonia. ASU then seeks her extradition from Madonia to ASU for a criminal trial.
QUESTIONS. #1: Can Tina Gurova and Kukkesovo be prosecuted for violating PIL?
#2: In what court or courts would they be prosecuted?
#3: Can either Tina Gurova or Kukkesovo claim sovereign immunity?
#4: Did Madonia violate PIL?
#5: Did OTAN’s bombing of Kukkesovo violate PIL?
#6: Would ASU courts have the power (jurisdiction) to try Tina Gurova in ASU?
Public International Law Student Number: _ _ _ _ _ (not your name) Prof. Slomanson
Final Examination Summer 2006 Pristina University
INSTRUCTIONS: You are limited to five type-written pages for your English-language answer. Use the standard 12-point font, and one-inch margins. I will remain for one hour after distributing this exam, to answer any questions you may have about the English meaning of any word. Your answer, wherein your name will not appear anywhere, must be submitted to me at or before 10:00 AM Friday, July 28, 2006, at the Human Rights Centre. (I will come at 9:30 AM.)
Because of the large number of students in this class, I will likely have to grade on Saturday as well—meaning two things: (1) you will not be able to get your grade/certificate until sometime on Saturday; and (2) if you are late on Friday, that will lessen the possibility of my completing grading in time for you to get your certificate at Friday’s closing ceremony.
FACTS: Billiam is a United States (U.S.) citizen. He travels with a U.S. diplomatic passport, is an employee of the U.S. Central Intelligence Agency (C.I.A.), and poses as a professor of International Law at Pristina University in Kosovo.