Choose one of the two hypotheticals/problems and answer all…
Choose one of the two hypotheticals/problems and answer all five questions for the chosen hypothetical/problem. 1.A plane belonging to State X is hijacked by a group of individuals and lands in State Y. The group who call themselves the Red Brigade demand the release of political prisoners held by State X. State X requests State Y to take action against the hijackers but State Y refuses to cooperate with State X. State X then carries out a daring rescue mission to free its citizens held hostage in the plane without the permission of State Y. The mission to rescue the passengers is successful. This incident raises the following question. a. Which state or states has jurisdiction in this case which involves hijacking of an airplane? b. What jurisdictional principle can be used to assert jurisdiction in case of hijackings? c. What is the duty of State Y under the Hague Convention on Unlawful seizure of aircraft (1970)? d. On what legal grounds can State Y object to the unauthorized rescue mission carried out by State X? e.On what legal grounds can State X justify the rescue mission that it carried out? 2. State X and State Y are adjoining states. State X sends its agents to carry out acts of sabotage against military and civilian targets within State Y that leads to large scale loss of life. State Y responds by declaring war and mobilizing its military against State X. State X responds to the conventional attack by firing ballistic missiles armed with chemical warheads that cause civilian loss of life. State Y appeals to the UN Security Council for intervention. The UN Security Council decides to take action under Articles 41 and 42 of the Charter. a. Which state is responsible for violating international law? b. Can State Y’s actions in response to State X’s actions be considered legal under international law? Why? c. What is State Y obliged to do next according to Article 51 of the UN Charter? d. Is the use of chemical weapons by State X permissible in this case? Why? e. What action is the Security Council authorized to take under Articles 41 and 42 of the Charter to deal with the conflict between State X and State Y?
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