PUBLIC INTERNATIONAL LAW

MUN SKILLS WORKSHOP 5

RULE ANALYSIS PART 2
Rebecca Kumi, October 25th, 2023
 IRAC
Issue: Define the relevant legal
issue

Rule: Identify and explain the

relevant laws, rules or principles
derived from statutes and cases

Application: Apply the rules to

the facts of the case

Conclusion: Form a
conclusion that answers the
legal/problem question

MUN Skills
2 Workshop 4 - Rule Analysis Part 1
How do we use
sources in Legal
Analysis?

• Find the applicable law to help us find

the legal issue
• Understand the rule itself
• Understand and ‘interpret’ the rule for
the application stage

• Analyze the Rule

MUN Skills Workshop 4 - Rule Analysis Part 1 3
Rule Analysis Recap
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 Legal Rule Analysis:
Structure of a Rule

Rules are composed of conditions:

Cumulative or Alternative

Rules always have consequences.

With legal rules there are legal consequences.

5
Review:
Simple
Legal
Provisions
Part 1

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Article 3:44 (2) BW

Lq: There is a threat.

C1: A person induces another person to perform a legal act.
C2: This is done by wrongfully threatening
C2a: that person with any disadvantage to his person.
C2b: that person with any disadvantage to his property.
C2c: another person with any disadvantage to his person.
C2d: another person with any disadvantage to his
property.
C3: A reasonable human being could be influenced by the threat.

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Voidable Contract?
One night, pub keeper Jack is confronted with two people who offer him to keep the
peace at his bar. Jack is not interested in their offer, because the crowd in his pub
is very quiet and he seldom has disturbances. Disgruntled by his rejection, the men
create a giant fight in Jack’s bar. Within ten minutes the place is empty. The two
men tell Jack that if he pays a weekly fee of €200, they will make sure that there
are no disturbances in his bar. Jack realizes that if he does not give in, he will have
no customers left to serve. In despair Jack agrees and signs the ready-made
contract that the men hold out in front of him.

MUN Skills Workshop 4 - Rule Analysis Part 1

8
Article 3:44 (2) BW

• Lq: There is a threat.

• C1: A person induces another person to perform a legal act.
• C2: This is done by wrongfully threatening
− C2a: that person with any disadvantage to his person.
− C2b: that person with any disadvantage to his property.
− C2c: another person with any disadvantage to his person.
− C2d: another person with any disadvantage to his property.
• C3: A reasonable human being could be influenced by the threat.

MUN Skills Workshop 4 - Rule Analysis Part 1 9

Practice: International
Provisions
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 Exercise 1: UN Admission…

In January 2022 the Caldonian government, led by First Minister Fitz Grant,
announces that it will organize a new referendum on Caldonian independence.
The Panm Government promises to act in accordance with the vote of the
Caldonian people. The referendum is to take place on 10 May of that year.
Ultimately, the referendum results in an overwhelming majority of 68 percent
voting in favor of Caldonia as an independent state. Upon completion of the
secession process, First Minister Grant declares Caldonia an independent state
in a public speech on 1 January 2021, which is broadcast around the globe. In the
following days, almost all countries recognize Caldonia as a state. First Minister
Grant now appoints Mellie Grant to lobby the Member States of the United
Nations in New York. Her aim is to prepare Caldonia’s application for UN
11

membership.
 UN Charter: Article 4

(1) Membership in the United Nations is open to all other peace-

loving states which accept the obligations contained in the
present Charter and, in the judgment of the Organization, are
able and willing to carry out these obligations.

(2) The admission of any such state to membership in the United Nations
will be effected by a decision of the General Assembly upon the
recommendation of the Security Council.

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 Exercise 2: Geneva Conventions
For the past year, Genovia and Florin have been entangled in a violent armed conflict. Out of the two
states, Genovia is the one that is superior in military capability. Both States are Parties to
the Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection
of Victims of International Armed Conflicts (AP I to the Geneva Conventions). On 23 July 2019, at 4
AM, a fighter plane takes off from Florin with the mission to bombard a specific building located in the
middle of a residential neighborhood in the capital of Genovia. According to the information from the
Florinian secret service, the building is a school but the Genovian army is using this building to
produce new types of weapons and ammunition. Destroying the building would reduce the fighting
capacity of the Genovian troops in the region considerably. Foreign intelligence from an allied state
of Florin, likewise, confirms this. The fighter plane, equipped with highly precise missiles, strikes its
target and completely destroys the school. Two days later, Florin receives reports that, contrary to
previous intelligence, it was not the school that was used to produce weapons and ammunition, but a
near-by former hospital.
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ADDITIONAL PROTOCOL I TO THE
GENEVA CONVENTIONS
Art. 52 – General Protection of Civilian Objects

Civilian objects shall not be the object of attack or of reprisals. Civilian

objects are all objects which are not military objectives as defined in
paragraph 2.

[…] Military objectives are limited to those objects which by their

nature, location, purpose or use make an effective contribution to
military action and whose total or partial destruction, capture or
neutralization, in the circumstances ruling at the time, offers a
definite military advantage.

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Exercise 3: Mr. S
• Mr. S was arrested in Britain on 19 January 2001 and charged with attempted robbery.
• His fingerprints and DNA samples were taken at the time of his arrest; however, he was acquitted on 14 June
2001.
• Mr. S asked for his fingerprints and DNA samples to be destroyed, but the police refused because retention of
the samples were legal pursuant to section 64 (1A) of the Police and Criminal Evidence Act 1984 (“the
PACE”).
• Mr. S then applied for a judicial review of the police decision to not destroy the fingerprints and DNA samples.
• On 22 March 2002 the Administrative Court rejected the application.
• On 12 September 2002 the Court of Appeal upheld the decision of the Administrative Court.
• On 22 July 2004 the House of Lords dismissed an appeal by the applicants.
• Mr S feels his rights have not been upheld by the UK judicial system

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 Article 8 – Right to respect for private and
family life

1. Everyone has the right to respect for his private and family life ...
2. There shall be no interference by a public authority with the
exercise of this right except such as is in accordance with the
law and is necessary in a democratic society in the interests of
national security, public safety, or the economic well being of the
country, for the prevention of disorder or crime, for the protection
of health or morals or for the protection of the rights and
freedoms of others.

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Violation of Article 8 According
to ECHR (Negative Obligations)
1. C1 - Is there an interference of privacy by state authorities?
2. C2 - Lawfulness (National Law) (and compatible with ECHR stands for that law.. ie. For
a. C2-1 - Is there a Legal basis
i. Precise and clear legal basis - First it must be established that the interference with the convention right
has some basis in national law
ii. Legal accessibility (foreseeability of the consequences of the law)
1. The law must be accessible [Quality of law requirement]
2. The law must be formulated in such a way that a person can foresee, to a degree that is
reasonable in all circumstances, the consequences which a given action will entail
iii.Adequate guarantees in the article against abuse

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Violation of Article 8 According
to ECHR (Negative Obligations)
1. C3 - Legitimate aim – Exhaustive list in the general limitation clause in the article
a. National security
b. Territorial integrity
c. Public safety
d. Economic well-being of the country
e. Prevention of disorder and crime
f. Protection of health and morals
g. Protection of the reputation of others
h. Protection of the rights and freedoms of others
i. Prevention of the disclosure of information received in confidence
j. Maintaining the impartiality and authority of presentation
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Violation of Article 8 According
to ECHR (Negative Obligations)
1. C4 - Necessary in a democratic society? – the interference must correspond to a pressing social need an be proportionate to the
legitimate aim pursued
a. C4-1 - Pressing social need?
i. Margin of appreciation
1. Wider margin of appreciation where there is no European consensus, or
a. A particularly important facet of an individual’s existence or identity is at issue
b. In areas of morality
c. National security/Economic needs
d. Childcare cases
b. C4-2 - Proportionality/Subsidiarity- least intrusive means
i. Interference with the rights protected is no greater than is necessary to address the pressing social need (Proportionality test)
ii. Least intrusive means
iii. Fair balance of interests of the community v the private life of the individual 19
Community Problems

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1 - Ghostbuster
Ben has been battling ghosts and demons that he sees appear, usually at random, ever
since he decided to stop taking the anti-psychotic medication, Chlorpromazine (Thorazine)
Dr. Prof. Ian Duncan gave him. Unaware of Ben’s current quest to rid the world (or at least
his community of Greendale) of these dark elements, Leonard walks in on Ben at the local
library unannounced and is mistaken by Ben for another one of his mortal enemies. In a
rage, Ben springs into action, ruthlessly beating Leonard and eventually overpowering and
choking him with nunchucks. Leonard lies wreathing on the floor in agony, and Ben,
victorious and content he saved Greendale from this dark force, runs off into the night.

Does Ben have any defense for his actions?

Which article best suits the situation? Complete a legal rule analysis.
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2 - Defense against the Dark Arts

Shirley, a single mother, wanted to save money where she could and decided to start taking the bus rather than
driving to and from class. This meant that after her last night class, Shirley would have to walk several blocks
through a less-than-ideal neighborhood of Greendale to her stop. Normally one of her classmates would join her,
but on this night, they had all had other plans.
As she walked, she could hear uneven footsteps behind her. When she stopped, they stopped. Once under a
street light, she caught a glimpse of Ben, creepily lurking behind her. Suddenly he jumped, screamed “DIE
DEMON”, and lunged at Shirley spinning a set of nunchucks. In one fell swoop, Shirley swept her left leg out, and
punched up with her right fist, both tripping and catching Ben in the face. He hit the ground head first with a thud.
As he regained consciousness, he spat a bloody tooth out, and mumbled about ‘uncalled for abuse’ and ‘calling his
lawyer’.

Does Shirley have any criminal liability?

Which article best suits the situation? Complete a legal rule analysis.
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 3 - Insurrectionists
Annie has recently become impassioned about the plight of Sea Turtles with low self-confidence, and believes an awareness campaign
is needed in Greendale to help fundraise for this important issue. Annie goes through a great deal of effort to reserve a space in a local
park, rent a stage, get a few local bands to play, and set up an information booth with all the necessary information. Her plan is to run an
event called “Encourage the Turtles” with music, guest speakers, and opportunities for volunteer involvement. Britta, a fellow activist,
has also recently become very enthusiastic about the needs of turtles with low self-esteem, and convinces Annie to let her be a guest
speaker.

With Britta’s turn to speak on stage arrives, she gives a passionate speech that draws an even bigger audience than Annie could have
hoped for. But things take a dark turn. Britta’s language becomes more and more incendiary, and the crowd starts to get rowdy. She
claims that awareness is not enough, and together they “MUST TAKE ACTION”. According to her, the only true way to make a
difference is to demand the Mayor of Greendale take action. Britta makes the decision to turn this awareness campaign into a march on
city hall and leads the now sizable crowd through the streets of Greendale. On their way, the mob overturns several cars, and leaves a
path of destruction. Arriving at City Hall, they use force to break in, and continue their destruction in the Halls and offices of the building.
Luckily, all employees were on holiday, however the damage was extensive.

Does Britta have any criminal liability?

Which article best suits the situation? Complete a legal rule analysis
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4 - The Dream Team
Ben, who is rapidly gaining a reputation as a menace vigilante, feels instantly compelled to save the beloved
Greendale City Hall from this group of unruly hooligans. He knows, however, that he is no match for such a
large group. The ghosts and demons in his mind are generally a lot easier to overpower.

With quick thinking, Ben sees an opportunity. A group of school-age children who were playing at the park are
starting to look bored now that the mob has moved on. Ben approaches them with the promise of candy and
semi-automatic weapons and talks about how ‘on fleek’ it would be to be heroes and stop this mob from doing
more damage. Intrigued, the children follow him to his car where he opens the trunk to reveal guns,
ammunition, flak jackets and... candy. Convinced, the children wear their helmets and bullet proof vests, grab
their weapon of choice, and stick a handful of candy in each of their pockets.

Does Ben have any criminal liability?

Which article best suits the situation? Complete a legal rule analysis.

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5 - Cheat Codes
Jeff has been feeling increasingly nervous about his upcoming Anthropology exam. Because of
his many social commitments, he hasn’t had the time to study and knows that if he fails, he will
have to re-take it the next year. He also knows that Dr. Prof. Ian Duncan has a copy of the
exam on his desk in his office, and that if he can get his hands on it, he’ll be saved! Jeff knows
it will be easy: he waits in a corner of the library until it closes and avoids the sleepy night
security guard. The buildings are old, and the lock on Dr. Prof. Ian Duncan’s door is easy to
jimmy with the skills he learnt as a teenager. Within moments, he is in. Just as he finds his
prize on the desk, some footsteps startle him. It was Ben and his vigilante posse. After bullying
him for a bit, they turn him into the police.

Does Jeff have any criminal liability?

Which article best suits the situation? Complete a legal rule analysis.
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6 - Troy and Abed in the Morning
Troy and Abed decide to take a well-deserved break from school. On the first day of their autumn break, they wake up early and drive
several out to their Air B&B, a Luxury cabin in the woods. They are far away from ‘civilization’ but that’s exactly what they wanted –
peace and quiet in the wilderness.
The first night in the cabin started brilliantly, they shared stories from the past year, laughed, and planned for the next year over
several glasses of premium malt whisky. The pair lose track of time, and stop counting the drinks, until Troy, feeling a little over heated,
suggests they sit out on the second floor patio that overlooks the dark forest that spans 100s of kilometers. Troy leans forward on the
railing to take in a deep breath of the cold mountain air and hears a slow steady crack. Before he or Abed can react, Troy is already
falling off the second-story of the cabin.
Abed runs as fast as he can down to help his friend, the door to the cabin slamming behind him. Luckily, Troy is conscious, but clearly
in excruciating pain with several broken bones. Abed hurries to call an ambulance, but realizes in a panic – the door is locked – their
phones and wallets are still inside. With the keys to the rental in his pocket, the only thing Abed can think to do, is drive Troy himself,
despite his condition.
Going at a steady pace on the dark forest road, Abed does his best to stay in his lane. He figures he is doing a pretty good job, all
things considered; however, the police car behind him has a different impression and pulls him over for reckless driving. The Police
rush Troy to the hospital, however, Abed fails the field sobriety tests miserably and now faces a possible prison sentence.

Is there a defense for Abed?

Which article best suits the situation? Complete a legal rule analysis.

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 7 - Night Drive
Jeff was driving home in a grumpy mood Tuesday night. After receiving his failing grade for Anthropology, it comforted him to
be in his Mercedes C-Class AMG. He grinned as he drove by his classmates waiting for their bus in the cold rain and hit the
gas to accelerate. Just as he did so, a 92’ Dacia swerved into his lane, attempting to might a right turn in front of him. Jeff
slammed on the breaks, but it was too late. The Dacia had collided with his left bumper, leaving his headlight smashed and
broken.

Jeff pulled over and jumped out of his car to confront the reckless driver. It was, of course, Ben. A yelling match ensued, and
before long, the two men were engaged in a fist fight. For Jeff, all those hours in the gym were finally paying off, and after a few
good shots to the head, Ben was down. Being battle worn from all his exploits over the past week, Ben did not get up this time.

When the ambulance arrived soon after, Ben was pronounced dead at the scene.

Does Jeff have any criminal liability?

Which article best suits the situation? Complete a legal rule analysis.

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