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CASE CONCERNING CASSERINE HEIGHTS

Karthage v. Ephesus

SUBMITTED TO SUBMITTED BY
DR. ANKIT SINGH SUNNY KARTIK
TOPPO
ASSISTANT PROFESSOR, SEMESTER-IV SEC - B
PUBLIC INTERNATION LAW ROLL NO.- 170
HNLU, Raipur

“HIDAYATULLAH NATIONAL LAW UNIVERSITY, NAYA RAIPUR


(C.G.)”
DECLARATION

“I thusly pronounce that, this project submitted for Hidayatullah National Law University
(HNLU), Chhattisgarh is unique and not counterfeited without references. It is written in the
most natural sounding way for me as obscure from well-established realities subsequent to
perusing a variety of articles, diaries and books identified with this point. It is my own just as
pursue proficient assessment which till now, I comprehend and ready to communicate after
the examination.”

- Sunny Kartik Toppo


ISSUE I

The Elbit Hermès UAV's Operation Mistletoe assault on Ephesus & Karthage are
blatant breaches of Law, and an urgent ceasefire needs to be ordered.

1. Around 230 Casserine people in Karthage have lost their lives due to an operation
known as mistletoe. Additionally, the Casserine commander was also killed in a
blatant attack carried out by the Karthage defence forces with the help of the country
Wabar. This assault is a clear violation of Article 3 of the Geneva Convention. The
article mandates that in case of an armed conflict that is not of an international
character occurring in the territory of one of the High Contracting Parties, each party
to the conflict must apply at least the minimum provisions laid down by the
Convention. These provisions include the prohibition of violence against life and
person, such as murder of any kind, cruel treatment, mutilation, and torture. The
killing of the Casserine commander and his family members in an unannounced
bombing and taking of hostages of several rebels from Karthagens and Ephesus, fall
under these prohibited acts.

2. The usage of Elbit Hermès unmanned aerial vehicles (UAVs) in the assault on Ephesus
breaches Article 51 of Additional Protocol I to the Geneva Convention. The article
states that neither the civilian population nor individual civilians should be targeted.
However, the reckless employment of this weapon has resulted in the demise of
innocent civilians and the destruction of civilian infrastructure. In addition, the use of
this weapon in a densely populated area such as Ephesus violates the principle of
proportionality as stated in Article 51(5)(b) of Additional Protocol I. According to this
principle, an attack that may lead to incidental loss of civilian life, harm to civilians,
destruction of civilian objects, or a combination of these outcomes, that would be
excessive concerning the direct military benefit anticipated, should not be carried out.
3. Article 3 of the 1949 Geneva Conventions is violated by Karthage's activities in the
ongoing conflict. Violence of any type, harsh treatment, torture, and mutilation, as well
as demeaning and humiliating treatment, are all expressly prohibited by this article.
The brazen attack on Ephesus violates the Geneva Conventions' Article 3 clause 1(a)
and (b), which expressly forbids certain actions during armed combat. There have
been allegations of crimes perpetrated by Karthage against civilians and prisoners of
war, including the use of torture and civilian executions. These actions must be
strongly criticized by the world community since they are so worrisome.

4. The International Covenant on Civil and Political Rights is broken by Karthage's


acts in the continuing war. This covenant ensures that everyone has the right to life,
liberty, and security, as well as the freedom from torture and all other forms of
degrading treatment or punishment. These fundamental human rights have clearly been
violated, and the reports of atrocities committed by Karthage need immediate
intervention on the part of the international community.

5. Last but not least, Karthage's use of force in this confrontation contradicts The Statute
of the International Court of Justice, which calls for nations to settle their differences
amicably and to abstain from using force unless necessary for self-defence or with
permission from the UN Security Council. Karthage must be urged to seek a peaceful
conclusion to this issue and reminded of its responsibilities under international law by
the international community.

6. In conclusion, various international laws, such as the Geneva Convention, Additional


Protocols I and II, The Statute of the International Court of Justice, and The
International Covenant on Civil and Political Rights, have been violated as a result
of the dispute between Ephesus and Karthage. The employment of the Elbit Hermès
UAV in Ephesus' Operation Mistletoe attack is a flagrant violation of these
regulations, and Karthage's treatment of prisoners of war and civilians is also
troubling.
ISSUE II

The attack on the Taparura Valley Medical Rehabilitation Facility, which was an
outrageous and unlawful act of aggression towards the Ephesians, was carried out by
Karthage. Karthage must look into the situation and compensate Ephesus for its
losses as a result.

1. In breach of the Geneva Conventions and Additional Protocols I and II (hereinafter


referred to as the "Convention"), the attack on the Taparura Medical Rehabilitation
Institute occurred. The rights of civilians and prisoners of war during armed conflict
are outlined in the Convention. According to Article 3 of the Geneva Conventions,
"Persons taking no active part in the hostilities, including members of the armed
forces who have laid down their arms and those put hors de combat by sickness,
wounds, incarceration, or any other reason," will always be treated humanely.

2. Moreover, Additional Protocol II's Article 13 declares that "Individual civilians and
the general civilian population should not be targeted for assault. Violence must not
be used or threatened with violence if its main goal is to terrorize the population."

3. The attack also violates the International Covenant on Civil and Political Rights,
which places a strong emphasis on each person's right to life and security. Article 6
declares "The right to life is innate in every human being. The law must defend this
right. No one's life shall be taken without justification." Attacking the hospital
violates this article because it endangers the lives of unarmed civilians.

4. To sum up, the attack on the medical institution, the Taparura Valley Medical
Rehabilitation Centre, breaches the aforementioned provisions of the Geneva
Conventions as well as Additional Protocols I and II. Karthage can thus be held
accountable for this unlawful act of hatred against the Ephesians. In light of these
international regulations and articles, Karthage ought to conduct an investigation into
the occurrence and make amends for any harm done to Ephesus as a consequence of
their illegitimate and disproportionate enmity toward the Ephesians.

ISSUE III

The ban imposed by Karthage on the Nguo violates human rights and international
law.

1. The Nguo are fundamental to Casserine culture. The indigenous clans mandate that
Casserine Girls who have reached the age of 16 wear a "Nguo." Each Nguo has rich
colours and designs unique to each native community, making it incredibly detailed.
A lady must wear the Nguo at all times to avoid receiving harsh punishment. This
demonstrates how integral and significant this ritual is to the Casserine people. So, it
was obviously against the Caserine people's cultural integrity and an attack on their
culture when the government of Karthage forbade the Nguo from entering the nation.

2. The International Covenant on Economic, Social, and Cultural Rights (hence


referred to as the "covenant") is violated by the government of Karthage's
prohibition on Nguo.
2.1 This restriction is blatantly in violation of Article 1 of the Covenant, which
declares that everyone has the right to self-determination. This freedom entitles
individuals to freely choose their own government and to pursue their cultural
development.
2.2 Moreover, this prohibition contravenes Article 15 of the Covenant, which
expressly commands the parties to protect each people's right to participate in
their cultural life. Nguo is an integral component of Casserine culture, as was
already mentioned under point one, and its prohibition infringes the right of
Casserine women to participate in their cultural life.

3. Since the preamble of the International Covenant on Economic, Social, and


Cultural Rights states that cultural rights are derived from the inherent dignity of the
human person, it is obvious from the aforementioned points that the said ban violates
international law as it contravenes the provisions of the Covenant. As a result, this
ban also violates the Casserine's human rights.

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