Murder Case by Dutch Citizen Against a Columbian Victim Questions Discussion

Question Description

Question 1: Explain which jurisdictional principles can apply in case murder is committed in Peru by a Dutch Citizen against a Columbian victim. (Hint: National Jurisdiction)

Question 2: John, a foreign affairs writer, was invited to attend an official dinner at the premises of the embassy of the United States in the Capital of Canada. At the dinner, John was physically assaulted with a weapon by Alex, a diplomat of the United States in Canada. The assault caused serious personal injury to John. John has commenced legal proceedings in the court of Canada against Alex and the United States to recover damages for personal injury.

a. Give a legal opinion as to the jurisdiction of the courts in Canada over the respective defendants. (Hint: National Jurisdiction)

b. What would your opinion be, if Alex was an unmarried 18-year-old son of the Head of the diplomatic mission of the United States accredited to Canada, who came to that country with his father at the time of his father’s assignment, and was a student at a local university but who used to live, during weekends, with his parents at the diplomatic residence? (Hint: National Jurisdiction)

c. The court in Canada has issued an arrest warrant for Alex and the Police has arrested him for assault with a deadly weapon. The authorities of Canada are moving forward to prosecute Alex. The Ambassador of the United States believes that the arrest and prosecution of their diplomat is a violation of international law. You have been ask to provide advice on the alleged violation of international law by answering the following questions in your own words:

First, what sources you would need to look to determine whether Canada indeed broke the law? (Hint: Sources of Law)

Second, would some of these types of sources take priority over others? (Hint: Sources of Law)

Third, how would you know if the relevant laws apply specifically to Canada? In other words, the point of this question is to get you to discuss how we can know what international law says about any given issue and to whom, if anyone, a given law applies. (Hint: Sources of Law & Law of the Treaties)

Forth, if you determined that Canada indeed broke the law, what options might you propose to resolve the dispute before deciding to go to the International Court of Justice? (Hint: Dispute Settlement)

Fifth, if those options do not resolve the dispute, under what circumstances could the ICJ exercise jurisdiction over your case? (Hint: Dispute Settlement)

Question 3: Coastal states, Bahrain and Qatar have been involved in strenuous and unsuccessful negotiations for years concerning the delimitation of part of their respective land boundaries. Qatar wishes to involve a third party for purposes of setting the dispute by diplomatic means.

Please explain which diplomatic methods for settling disputes with the assistance of a third party are available to Qatar? Describe all the methods and refer to relevant treaty provisions. (Hint: Peaceful Settlement of Disputes)

Question 4: Mr. Cruz was removed from office as President of Honduras by the army and judiciary of Honduras. Subsequently, elections were held, and President Padilla was elected. A large Honduran community lives in Nicaragua, supporting Cruz. This community disagrees with the removal of Mr. Cruz from office and with the outcome of the recent election. As a response, they have been demonstrating peacefully in front of the Honduran Embassy for five days. The police have been monitoring the demonstrations. However, at one point the crowd becomes more violent, and they manage to enter the premises and cause substantial damage. The day after, the Nicaraguan authorities decide to send extra forces to the Embassy to stop the violence and arrest the protesters.

Please explain can Nicaragua be held accountable under international law for the damages caused to the Honduran Embassy and Why? Please explain your answer in detail with reference to relevant documents. (Hint: States Responsibility-Please use the attached Tehran Hostages Case and ICJ ruling for your answer.)

No exact word requirements for each question. Please read each question carefully and answer thoroughly.

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