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Midterm Memorandum - Memorandum To The National Security...

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Memorandum To: The National Security Council of the U.S. From: LeAnna Easterday, NSC Assistant Legal Counsel Re: Haqqani Situation in Pakistan Date: October 15, 2011 Thesis & Summary of Analysis The question posed to the counsel was two-fold: “What violations of international criminal law is the United States likely to commit by pursuing the drone bombing option?” and “What violations of international criminal law is the United States likely to commit by pursuing the helicopter/overland assault option?” Based on the facts presented in the briefing and relying upon the specified international law, it is clear that there will be wider violations of international criminal law if the drone bombing option is pursued, rather than the helicopter/overland assault option. More civilians and non-combatants are likely to be killed in a drone bombing than the ground assault. Also, intentionally bombing the Haqqani Group without first allowing them to go to trial and be given “all the judicial guarantees which are recognized as indispensable by civilian peoples,” is an illegal act (Geneva A3.2). If, instead, the ground/helicopter assault method is used, Haqqani members can be captured and allowed a trial, to align with international law. Other key factors will be outlined in this memorandum. Also included are the foundational suppositions behind the analysis and differing points of view. Good thesis statement and effort to summarize main issues, although you want to include summaries of all those issues here.
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This analysis is based on the assumption that this is a non-international conflict. This is evidenced by the fact that it is a nation-state (the U.S.) carrying out an assault on a non-nation- state actor (the Haqqani Group). Further evidence for this and other presuppositions is presented in the “supporting assumptions” section to follow. Based on this, the Geneva IV convention and UN Charter are the main applicable documents that address the conflict and the possible violations of international criminal law. If these actions are perceived by others as an international conflict, the U.S. will be held to the same convention and charter. Of the applicable texts, Pakistan only signed on to the Geneva IV Convention and is a member of the UN (and the US?) . Support for the international conflict position will be considered below. Supporting Assumptions & Underlying Key Points (Non-International Conflict) Clearly, there are suppositions underlying the above thesis and analysis. Most important is the assumption that this is a non-international conflict. Although the Haqqani Group receives weapons and supplies from Pakistan’s government, that does not mean that Pakistan is controlling the organization and using it to terrorize the U.S. Pakistan has denied the accusation that the Haqqani group is an extension of their government, and at present there is a lack of factual evidence to prove otherwise (http://www.nytimes.com/ 2011/10/06/world/asia/united- states-met-secretly-with-pakistan-and-haqqani-network.html?scp=2&sq= haqqani&st=cse). With
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