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Preliminary Questions 17th Henry Dunant IHL Moot Court Competition 2025

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33 views4 pages

Preliminary Questions 17th Henry Dunant IHL Moot Court Competition 2025

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© © All Rights Reserved
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17th Henry Dunant IHL Moot Court Competition, Pakistan National

Round, 23-25 September 2025


PRE-SELECTION QUESTIONS
Please find below Preliminary IHL questions, background information, and instructions for submitting
your response. The answers to these questions will be used to select twelve teams from Pakistan's
universities and other tertiary educational institutions to compete in the Pakistan National Round of the
17th Henry Dunant Moot Court Competition, 23 –25 September 2025. The selection will be final and not
open to appeal.

Following the submission of your answers on 01 August 2025 -


1. Teams that have not been selected for the Pakistan National Round, 2025 will be informed via email
by 22nd August 2025. These teams will still be eligible to register for the competition next year (2026).

2. Teams that have been selected for the Pakistan National Round (total of 12 teams) will be informed
via email before 1700hrs, on 22nd August 2025. These teams will also be sent the following documents:

a) The Moot Court Problem for the Pakistan National Round, and;

b) Instructions for the submission of memorials. In the weeks that follow (before 12 th September 2025),
teams that have been selected for the Pakistan National Round will also be sent travel and
accommodation details, and other relevant information for the competition.

Please note that these teams will not be eligible to register for the competition next year (2026).

INSTRUCTIONS FOR SUBMISSION OF PRELIMINARY IHL QUESTIONS-


1. Each team must submit their answers to the following questions by 1700hrs on 1 st August 2025.

2. Answers must be sent as a Word or PDF attachment to an email.

3. Answers must be sent to [email protected] and cc to [email protected]

4. In total, answers to all the questions should not exceed 6 pages including citations and references
(typed, single line spacing, Arial font, size 12, page size A4).
5. The Word or PDF attachment (the answers) should not mention the university / educational
institution's name, name of the Coach / team members or any other information that would enable the
Judges to identify the authors. Instead, the answers must include the 'Team Code', which has been
provided to you in the email to which this document is attached. If you have any doubt about your
“Team Code”, please contact Muhammad Imran at [email protected] or Usman Khan at
[email protected].

MARKING CRITERIA –
Each of the set of questions will be marked out of 10 (50 total) based on the following criteria:

Clarity: 2 marks. Teams are expected to answer the question clearly.


Reasoning: 4 marks. Teams are expected to explain their answer.
References: 2 marks. Teams are expected to refer to and cite the relevant provisions of international
law.
Coherence: 2 marks. Teams are expected to write in clear, coherent English.

IMPORTANT: Please ensure that all work submitted is original. Plagiarism, including copying from other
sources, use of AI is strictly prohibited and may result in disqualification.

USEFUL RESOURCES –
Many teams may not have studied international humanitarian law prior to this competition. To help you
get started, here are some useful resources:

1. The Geneva Conventions and their Additional Protocols are available here:
http://www.icrc.org/ihl.nsf/CONVPRES?OpenView

2. Basic Rules of the Geneva Conventions and their Additional Protocols can be downloaded here:
http://www.icrc.org/eng/resources/documents/publication/p0365.htm

3. Interpretive Guidance on the notion of direct participation in hostilities under IHL is available on link:
http://www.icrc.org/eng/resources/documents/publication/p0990.htm

4. Customary International Humanitarian Law :

http://www.icrc.org/eng/assets/files/other/icrc_002_0860.pdf
5. ICRC Advisory Service: http://www.icrc.org/eng/what-we-do/building-respect-ihl/advisory- service/
Please answer the following questions, giving legal support in IHL treaty and/or customary IHL, as well
as case law for your answers:

Situation 1:
In the context of an international armed conflict between States A and B, State A unilaterally restricts
the flow of water to State B by obstructing river systems through the operation of upstream dams,
significantly impacting the civilian population of State B. In response, State B launches a precision strike
on the dams located in State A to restore water access.

Question:
Under international humanitarian law, can the deliberate restriction of water by State A amount to the
use of water as a means of warfare? Is the targeting of dam infrastructure by State B lawful under IHL,
considering the protection afforded to installations containing dangerous forces and objects
indispensable to the survival of the civilian population?

Situation 2:
Does the legality of cross-border drone strikes conducted by a State during an international armed
conflict change if the operators of those strikes do not wear uniforms or fail to distinguish themselves
from the civilian population? The case draws inspiration from recent reports of Ukrainian drone strikes
deep inside Russian territory, allegedly conducted by special operations units.

Question:
Whether the lack of a uniform or distinguishing emblem affects the combatant status of the operators,
the classification of the attacks under IHL, and the applicability of combatant and prisoner of war (POW)
protections under the Geneva Conventions and Additional Protocol I.

Situation 3:
Following recent hostilities between Israel and Hamas in Gaza (2023–2024), significant debate has arisen
about whether Israel continues to occupy Gaza despite the 2005 disengagement. While no permanent
military presence exists, Israel maintains significant control over borders, airspace, and movement of
goods.
Question:
Assuming the current facts on the ground, does Israel remain an Occupying Power in Gaza under the law
of occupation? If so, what are its obligations regarding the provision of humanitarian aid under the
Fourth Geneva Convention and customary IHL? Can siege warfare in this context amount to unlawful
collective punishment?

Situation 4:
In 2023–2025, violent conflict erupted between the Sudanese Armed Forces (SAF) and the Rapid
Support Forces (RSF), resulting in widespread civilian suffering and displacement. Despite international
concern, there has been little consensus on whether this is a Non-International Armed Conflict (NIAC),
an International Armed Conflict (IAC), or something more complex.
Question:
Based on the available facts, how should the conflict between SAF and RSF be classified under IHL?
Consider factors such as foreign state involvement, degree of organization, and intensity of conflict.
What legal framework would apply in the event of foreign support to one party? How would this
classification affect rules on targeting and detention?
Situation 5:
In the context of the Russia-Ukraine armed conflict (2022–ongoing), multiple cyberattacks have allegedly
targeted critical civilian infrastructure, including power grids and hospitals, sometimes with kinetic
consequences.
Question:
Can cyber operations that disable civilian infrastructure during an armed conflict amount to attacks
under IHL? Under what circumstances could such cyber operations violate the principles of distinction,
proportionality, or precautions in attack? Could the principle of military necessity ever justify such
operations? Use the context of the Russia-Ukraine conflict as a case study.

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