MAKERERE UNIVERSITY

SCHOOL OF LAW

SEMESTER 2 EXAMINATIONS 2019/2020

PRINCIPLES OF INTERNATIONAL LAW II (L 3212)

4th December 2020

10:00am- 1:30pm

INSTRUCTIONS:

• This exam is comprised of three sections and NINE questions, each of which carries 25
marks.

• You are required to answer a total of four questions, which must include at least one
question from each section. Note that question one (in Section A) is compulsory.

• This is open book and students may make reference to any materials. Marks will, however,
be awarded only for well-considered answers backed by proper analysis and authority.

• You may use only ONE answer booklet of not more than 16 pages.

SECTION A

QUESTION ONE (Compulsory)

Ubuntu is a state located in the Caribbean and led by president Ngozi. Since 2001, Ngozi’s
government has battled an insurgency by the Wasps, a rebel group led by a one General
Dede. In May 2002, the Wasps were involved in several incidents including killing and
abduction of civilians, as well as mass rape, torture, and destruction of civilian property.
Ten Wasps dressed up in Ubuntu military uniforms and masquerading as members of the
Ubuntu military infiltrated an Ubuntu military base and killed forty government soldiers.
In response to this, Ngozi directed the Ubuntu military to eliminate top Wasps
commanders, all of whom happened to be members of the Malenge ethnic community.
The soldiers killed at least five such commanders in August 2002. Ngozi also endorsed a
plan by Ubuntu soldiers masquerading as prisoners of war to kill a “substantial number of
Malenge people” and to forcefully sterilize all Malenge women with the aim of preventing
them from “producing more rebels.” In February 2018, the Ubuntu soldiers forcefully
transferred one thousand members of the Malenge community from their homes to a camp
near the capital city where “they could be watched closely.” In turn, the Wasps killed ten
members of the Ubuntu military who had surrendered or been captured while fighting.

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Dede’s forces also recruited three hundred children to fight alongside the Wasps. As part
of a “tactical retreat”, General Dede ordered his Wasps to move to neighboring Mbezi in
2019, from where they have launched two terrorist attacks on villages in Ubuntu, killing
several civilians. Both Ubuntu and Mbezi have ratified the 1977 Additional Protocols to
the Geneva Conventions, as well as the Rome Statute for an International Criminal Court.

With reference to relevant treaty provisions and case law, you are required to identify and
resolve all the international legal issues raised by the above facts.

QUESTION TWO

“The rules of international law regarding armed conflict have been overtaken by the
nature and complexity of contemporary armed conflicts, as well as the kind of actors in
those conflicts.” Evaluate this statement with reference to international humanitarian law,
international criminal law and illustrations from any armed conflict with which you are
familiar.

QUESTION THREE

“The rules on referral, jurisdiction, admissibility and cooperation by states parties under
the Statute for the International Criminal Court (ICC) represent a delicate balance between
state sovereignty and the need to ensure accountability for the most serious international
crimes.” Critically review this statement with reference to the Statute for the ICC, as well
as any relevant decisions/rulings by the ICC.

SECTION B

QUESTION FOUR

Using relevant provisions and examples, briefly explain the meaning of the two most
important principles of WTO - Most Favored Nation Treatment (MFN) and National
Treatment.

QUESTION FIVE

Identify and examine the legal right of coastal states over the Exclusive Economic Zone
(EEZ).

QUESTION SIX

The WTO Dispute Settlement Decision on United States - Shrimp/Turtle Case (1998, DS 58,
61) undermined international efforts to preserve the environment by invalidating

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government measures to protect the environment as inconsistent with the requirements
under international trade law”.

With reference to the relevant GATT/WTO provisions, critically evaluate the validity of
this comment.

SECTION C

QUESTION SEVEN

Critically assess the view that the current legal framework for the prohibition of the threat
or use of force in international relations is insufficient in terms of addressing newer forms
of warfare, such as cyber attacks and engineered viruses.

QUESTION EIGHT

With the aid of relevant authorities and concrete examples, examine the challenges and
opportunities for a developing country envisaging, or faced by, litigation before the
International Court of Justice.

QUESTION NINE

‘The ICJ has been ineffective as a pillar in the UN framework for the maintenance of
international peace and security’. Per LLB III student. Discuss.

END