3. It has formally incorporated the Exland police in the northern province into the
armed forces, thereby charging them with military combat duties in addition to
their law enforcement duties. All other police remain in the civilian command
structure, though on heightened alert.
4. The Government has also imposed a strict police-enforced curfew on all
Highlandians living outside the capital city, and has been carrying out mass
arrests of suspected rebels, their families and their neighbours in the largely
Highlandian towns of the northern province.
5. The police have also arrested a certain Cynthia T., known to be a high-ranking
member of the most extreme of the rebel groups. They have information indicating that the suspect has personally planted a massive bomb somewhere in a large
civilian centre and that it is due to explode within 24 hours. You have received
information that the police are using torture on the suspect in order to force her to
divulge the whereabouts of the bomb. The police, in response to your inquiry,
admit that certain “exceptional techniques” are being used on Cynthia T. but
remind you that a state of emergency is in effect and that exceptional measures are
necessary to protect innocent life in this grave situation. They insist that the other
detainees are being well-treated and that, with the exception of Cynthia, all other
detainees are receiving daily visits from the ICRC.
6. Meanwhile, in the uppermost part of the northern province, government forces
have launched a full-scale military offensive, and have captured seven consecutive
rebel strongholds during days of heavy fighting. While many casualties have been
reported, the Government has confirmed that it is holding no rebel soldiers as
prisoners.
A. Does the state of emergency described in paragraph 1 appear to respect international standards for states of emergency? If so, why? If not, why not?
B. What is the significance, under international humanitarian law, of the incorporation (paragraph 3) of the northern province police into the armed forces?
Does this have any impact on the status of the police serving outside the northern province?
C. Do the measures described in paragraph 4 respect international standards? If
so, why? If not, why not?
D. How will you respond to the claims of the police in paragraph 5?
E. What violations of humanitarian law are suggested by paragraph 6?
F. “War is hell – human rights standards cannot apply in such situations.” Respond
with reference to the international standards.
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