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Dissertations / Theses on the topic 'Humanitarian law'

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Published: 4 June 2021
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1

Rana, Naomi. "Humanitarian intervention and the use of force." Thesis, Hong Kong : University of Hong Kong, 1996. http://sunzi.lib.hku.hk/hkuto/record.jsp?B17546205.

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2

Ewing, Michelle. "Justifying humanitarian intervention." Thesis, McGill University, 1993. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=26196.

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The time is ripe for a re-examination of the doctrine of humanitarian intervention, and in particular, of its legal basis in international law. This thesis attempts to draw attention to the significance of the decision to justify humanitarian intervention in a certain way, and to some of the implications of that decision.
The thesis compares the two justificatory options which seem to be most appropriate to the multilateralism of the post-Cold War era: collective humanitarian intervention under Chapter VII of the UN Charter and mulitilateral humanitarian intervention under customary international law. It reviews recent state practice, arguing that a mulitilateral right to intervene for the protection of human rights is emerging at custom.
After critically analysing humanitarian intervention's justification under the Charter, the thesis concludes that the better way to justify the doctrine, both in principle and in practice, is under customary law.
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3

Beneke, Méchelle. "The validity of humanitarian intervention under international law." Thesis, University of Port Elizabeth, 2003. http://hdl.handle.net/10948/305.

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The study which follows considers the current approach to State sovereignty, use of force, and human rights, in order to determine the balance which exists between these concepts. A shift in this balance determines the direction of development of the concept of ‘humanitarian intervention.’ The investigation establishes that State sovereignty and certain human rights are at a point where they are viewed as equal and competing interests in the international arena. This leads to the question of whether or not the concept of humanitarian intervention has found any acceptance in international law. It is determined that the right to intervention rests exclusively with the United Nations Security Council. There are, however, obstacles to United Nations action, which necessitate either taking action to remove the obstacles, or finding an alternative to United Nations authorized action. The alternatives provided are unilateral interventions by regional organizations, groups of States or individual States, with interventions by regional organizations being favoured. The study further discusses the requirements which would make unilateral action more acceptable. These same requirements provide a standard against which the United Nations can measure its duty to intervene. Such an investigation was done by the International Commission on Intervention and State Sovereignty, and a synopsis of its Report and Recommendations are included. Finally, the question of responsibility is addressed. State and individual responsibility for two separate types of action are considered. The responsibility of States and individuals for initiating an intervention is considered under the topic of the crime of aggression. The responsibility of States and individual for exceeding the mandate of a legitimate intervention is considered under the heading of war crimes.
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4

Aksar, Yusuf. "The 'ad hoc' tribunals and international humanitarian law." Thesis, University of Bristol, 2000. http://hdl.handle.net/1983/405a48d5-52b6-4cea-894e-30c7a402faed.

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5

Tsagourias, Nikolaos K. "The theory and praxis of humanitarian intervention." Thesis, University of Nottingham, 1996. http://eprints.nottingham.ac.uk/10916/.

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The aim of this thesis is to analyse the conceptual foundations of the doctrine of humanitarian intervention and scrutinise the pertinent practice within the identified lego-philosophical framework. The present study is organised into three major sections. The first section contains the theory of humanitarian intervention and it has been subdivided into four chapters which represent the main legal theories. The pursued analysis is, thus, manifold. It proceeds with a theoretical appraisement of natural law, positivism, realism, and critical legal studies by presenting and evaluating their main dispositions, inadequacies and interrelations. Additionally, those trends in the practice of humanitarian intervention which coincide with the identified theoretical tenets are also appraised. The thrust of the pursued analysis is, we hope, to rationalise the contradiction in legal doctrine which stems from the different philosophical stances adopted by legal theorists. These contradictions could be surmised in the antithetical poles of peace/justice; human rights/sovereignty. The next section could be introduced as the praxis of humanitarian intervention and contains two chapters. Having identified the arguments and contradictions, two articles of the United Nations Charter which attempt to control the notion of humanitarian intervention by legal means are analysed; that is, Article 2(4) on the non-use of force and Article 51 on self-defence. The diversified effectuation of humanitarian intervention renders the identified contradictions and opposing theoretical trends more evident. However, our aim is not merely to deconstruct the legal and philosophical milieu relating to humanitarian intervention but also to present a new framework for analysis. Consequently, the last two chapters contain our phronesis. They deal with the assumption of human dignity which transgresses the compartmentalisation of legal doctrine and its unreflective actualisation in the praxis of humanitarian intervention. At this point, the aim of the present research is to substitute a sterile lego-philosophical dogmatism and to submit under scrutiny a vision whereby the critical parameters of any humanitarian action are evaluated and accounted for. This, we hope, consists of the innovative aspect of this research. The existing lego-philosophical approach to humanitarian intervention – negative or positive - suffers from an unreflective automation. The negative approach submits any relevant action to strictly defined criteria compliance with which is conditio sine qua non for legality. On the other hand, the positive approach encounters greater difficulties. It weighs any humanitarian action according to certain criteria but disguises its value choices within the legal context. The fear of incommensuration in legal argument invites indecisive and restrained attitudes. In contradistinction, our approach entails an explicit aim of attaining human dignity which redirects our reflective nature towards distinguishing and deconcretising the manifold aspects which humanitarian actions contain. Instead of monolithic evaluations, one should see in any humanitarian action the values which are at stake and what should be done in order to ameliorate the situation.
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6

Loos, Clemens. "The convergence and divergence of International Humanitarian Law and International Human Rights Law." Thesis, University of the Western Cape, 2005. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_6236_1182745813.

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In this minithesis, I demonstrate that International Humanitarian Law and International Human Rights Law are two distinct but related fields of law. First, the examination deals with the instance that the aim of both branches of law, the protection of human rights, is common, but the approach to reach this aim is different. In this regard, I show numerous points of divergence of both branches of law which have their origin in the fundamentally different historical developments of International Humanitarian Law and International Human Rights Law. I give the main attention to the application of both sets of law, whereby the contractions and legal gaps of the protection of human rights become apparent. The proposals dealing with the solution of these issues are discussed. I argue that a new legal instrument for a comprehensive and compatible protection of human rights is necessary, especially in times of internal strife. Regarding the question as to whether International Humanitarian Law or International Human Rights Law should apply if both branches are applicable, I take the view to apply the roman principle of law lex specialis derogat legi generali in such a way that the more specific rule whenever they have a specific justification for dealing with specific problems is applicable. Both branches of law do not merge to one, but they converge to a harmonious relationship, where they complement each other and provide the highest protection of human rights.

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7

Thomas, Kathryn Michelle. "United Nations forcible humanitarian intervention, international law and politics /." Title page, contents and abtract only, 1998. http://web4.library.adelaide.edu.au/theses/09AR/09art4584.pdf.

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8

Cho, Sihyun. "Applicability of international humanitarian law to internal armed conflicts." Thesis, University of Cambridge, 1996. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.245162.

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9

Provost, Rene. "International human rights and humanitarian law : fusion or confusion?" Thesis, University of Oxford, 1998. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.285439.

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10

Milkeraitytė, Kristina. "Private Military and Security Companies and Their Personnel in the Context of International Humanitarian Law." Master's thesis, Lithuanian Academic Libraries Network (LABT), 2009. http://vddb.library.lt/obj/LT-eLABa-0001:E.02~2009~D_20090629_101808-18164.

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The tendency after the end of the Cold war to downsize national armies on the one hand and persistent armed conflicts in unstable African, Near East and Balkan regions on the other created opening conditions for the revival and rapid evolvement of the private business structures that provide military and security services. Prevailing viewpoint that PMSCs and their personnel represent the new form of the mercenary is not correct from the IHL perspective and could lead to serious human rights abuses. Numerous cases and analysis of the scholar literature shows that inaccurate qualification of the PMSCs’ employees’ status results into deprivation of certain scope of protection from private contractors. Moreover, since there are no accountability and control mechanisms, a high risk for the abuses and impunity for violations of the IHL occurs. Present master thesis aims to analyze international legal status of the PMSCs and their personnel in the context of armed conflict. It also assesses conformity of the existing practice to the IHL norms. In order to conclude a comprehensive research, author provides historical perspective of the warfare privatization, surveys factors that contributed to the outsourcing of military functions, defines what is PMSC, what are their types and capacity of each type, highlights distinguishing features between mercenaries and private contractors and gives a review of the contemporary practice of their use in the armed conflicts. Hypothesis that... [to full text]
Pasibaigus Šaltajam karui išryškėjusi tendencija valstybėms mažinti savo ginkluotąsias pajėgas ir nuolatiniai kariniai konfliktai nestabiliuose Afrikos, Artimųjų Rytų, Balkanų regionuose sudarė palankias sąlygas atgyti ir sparčiai plėtotis privačių, karines ir saugumo paslaugas teikiančių, kompanijų verslui. Vyraujantis požiūris, kad PKSK-jų darbuotojai atstovauja naują samdinystės formą nėra teisiškai korektiškas ir gali lemti grubius žmogaus teisių pažeidimus. Gausi praktika bei mokslinės literatūros analizė rodo, kad privačių kompanijų darbuotojų teisinis statusas klaidingai ir skirtingai kvalifikuojamas pagal tarptautinę humanitarinę teisę. Viena vertus tai sąlygoja kad kompanijų darbuotojams nesuteikiama jiems priklausanti apsauga. Antra vertus, nesant aiškių tarptautinės PKSK-jų atskaitomybės ir kontrolės mechanizmų, susidaro sąlygos piktnaudžiavimui bei nebaudžiamumui už įvykdytus nusikaltimus. Šiame magistro baigiamajame darbe siekiama išanalizuoti PKSK-jų ir jų darbuotojų tarptautinį teisinį statusą ginkluotų konfliktų metu ir įvertinti egzistuojančios praktikos atitikimą tarptautinės humanitarinės teisės normoms. Siekiant atlikti išsamų tyrimą, iškelti uždaviniai pateikti istorinę karo privatizacijos apžvalgą, aptarti procesą skatinančius faktorius, apibrėžti, kas yra PKSK, kokie jų tipai ir kiekvieno iš jų kompetencija, išryškinti skiriamuosius privačių karių ir samdinių bruožus bei apžvelgti dabartinę praktiką šioje srityje. Remiantis pirmine literatūros analize... [toliau žr. visą tekstą]
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11

Mavridis, Iakovos. "The practice of humanitarian intervention after the end of the Cold War : emerging norm or just practice? : humanitarian intervention and international law." Thesis, University of Hull, 2006. http://hydra.hull.ac.uk/resources/hull:5858.

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This thesis examines the practice of humanitarian intervention after the end of the Cold War. In the 90s there was an evident willingness of the world community to promote and protect human rights. The Security Council got involved in matters traditionally regarded internal affairs of states and imposed economic and diplomatic sanctions. What is more, the UN authorised military interventions in cases where massive abuses of human rights have taken place and this is the most significant normative change regarding humanitarian intervention. Thus, from "unilateral" humanitarian intervention we move to "collective" humanitarian intervention. Accordingly, the UN Security Council authorised military action in Somalia, Rwanda and Haiti. Yet, although the Council granted authorisation of the use of force, states had been reluctant to recognise a "unilateral" right of humanitarian intervention. Kosovo is the most challenging case that caused a wide debate regarding the legality of humanitarian intervention. Yet, Kosovo has set a very bad precedent for humanitarian intervention. NATO's violations of humanitarian laws, the bombing against civilian infrastructures, as well as the significant loss of civilian lives proved that the means used were against the proclaimed humanitarian ends. Furthermore, NATO intervention did not bring peace to Kosovo, but the situation remains tense. Thus, it could be argued that the 1999 intervention did not bring a positive and long-term outcome. This is a good case that can illustrate how political and moral omissions can create bad precedents for the emergence of a new norm. Finally, this thesis concludes that after the attacks of 9/11, the prospects of humanitarian intervention in the future are questionable. War against terrorism became the new form of interventionism in the new millennium. Thus, omissions and failures of the past, along with the new challenges of the world community have curtailed the future of humanitarian intervention.
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12

Svensén, Fanny Martika. "Humanitarian visas and extraterritorial non-refoulement obligations at embassies." Thesis, Stockholms universitet, Juridiska institutionen, 2016. http://urn.kb.se/resolve?urn=urn:nbn:se:su:diva-137186.

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13

Chesterman, Simon. "Just war or just peace? : humanitarian intervention and international law." Thesis, University of Oxford, 2000. https://ora.ox.ac.uk/objects/uuid:a2f9085b-4ca9-4244-bff0-837ea5d4d74b.

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The question of the legality of humanitarian intervention is, at first blush, a simple one. The Charter of the United Nations clearly prohibits the use of force, with the only exceptions being self-defence and enforcement actions authorized by the Security Council. There are, however, long-standing arguments that a right of unilateral intervention pre-existed the Charter. The thesis begins with an examination of the genealogy of this right, and arguments that it may have survived the passage of the Charter, either through a loophole in Article 2(4) or as part of customary international law. It has also been argued that certain 'illegitimate' regimes lose the attributes of sovereignty and thereby the protection given by the prohibition of the use of force. None of these arguments is found to have merit, either in principle or in the practice of states. A common justification for a right of unilateral humanitarian intervention concerns the failure of the collective security mechanism created after the Second World War. The thesis therefore examines Security Council activism in the 1990s, notable for the plasticity of the circumstances in which the Council was prepared to assert its primary responsibility for international peace and security, and the contingency of its actions on the willingness of states to carry them out. This reduction of the Council's role from substantive to formal partly explains the recourse to unilateralism in that decade, most spectacularly in relation to the situation in Kosovo. Crucially, the thesis argues that such unilateral enforcement is not a substitute for but the opposite of collective action. Though often presented as the only alternative to inaction, incorporating a 'right' of intervention would lead to more such interventions being undertaken in bad faith, it would be incoherent as a principle, and it would be inimical to the emergence of an international rule of law.
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14

Al-Suwaidi, Saif Ghanim Saif Obaid. "Humanitarian intervention under the UN Charter and contemporary international law." Thesis, Aberystwyth University, 2004. https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.675679.

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Although contemporary international law demands the full respect of human rights, recent history continues to furnish frequent examples of man's inhumanity to his fellow man. While international law obliges respect for state sovereignty, the principle of nonintervention and non-use of force; states and the international community have sometimes responded to serious violations of human rights with the use of force, invoking the doctrine of humanitarian intervention. It is the purpose of this thesis, therefore, to examine the legality of 'humanitarian intervention', which is defined here as 'the threat or use oj armed Jorce by a state or group oj states, or an international organization without the consent oj the target state, primarily to end gross violations oj internationally recognized human rights '. To establish that there exists a right of humanitarian intervention under the UN Charter and contemporary international law it is necessary to demonstrate the validity of certain assumptions. Firstly, that such a right does not run foul of Article 2 (4) of the Charter (which establishes a broad prohibition of the use of force, subject to two exceptions: Art. 51, self defence and Art 42, actions authorized by UN Security Council), but is compatible with the clear provisions of the Article. Secondly, Article 2 (4) does not preclude unilateral actions when the collective security regime adopted by the UN seems ineffective. Thirdly, the right of humanitarian intervention can be covered by the provisions of Chapter VII of the UN Charter, particularly through an expansive interpretation of Article 39. And finally, according to state practice, especially postCharter state practice, humanitarian intervention emerges as a new and separate right under customary international law. In fact, all these assumptions can be brought altogether under one general assumption: that the prohibition of the use of force as embodied in the UN Charter is not absolute, but allows for exceptions in addition to those explicitly mentioned in its Articles 51 and 42, and that 'humanitarian intervention' constitutes one of such assumed exceptions. This study, in its first five chapters, seeks to verify whether any of these four assumptions is correct. Concluding Chapter six then attempts to sketch out some of the major implications of the analysis undertaken in the preceding five chapters and asks mainly what is to be made of the fact that certain incidents characterized as humanitarian intervention have been tolerated by the international community? Although it is tempting to argue that such tolerance is evidence that the international community has recognized the legality of 'humanitarian intervention', there are considerable arguments to the contrary. The question continues to arise therefore: what is to be made of this apparent tolerance? The chapter then focuses on whether a compromise solution to the problem of humanitarian intervention can be reached. In particular, it inquires whether it is possible and/or desirable to attempt to reconcile the conflicting norms of non-use of force (order) and protection of human rights Gustice)?
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15

Chaulia, Sreeram. "Civilian protection and humanitarian organisations rationality or culture? /." Related electronic resource: Current Research at SU : database of SU dissertations, recent titles available full text, 2009. http://wwwlib.umi.com/cr/syr/main.

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16

Nelson, Eisha Amanda. "Changes and solutions to improve humanitarian aid." Thesis, Webster University, 2015. http://pqdtopen.proquest.com/#viewpdf?dispub=1526651.

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The 1990s saw a rise in the participation of NGOs answering the demands of affected populations caught in between armed conflicts, bouts of natural disasters and diseases. Though their intentions were good, it was from this point onwards NGOs have gained their notoriety, despite the work they do to address the needs of man. With a consistent rise of the number of actively participating NGOs, these humanitarian actors have since gone under scrutiny by the general population, which range from ineffective operations, scandals surrounding aid money, ethics within humanitarianism as well as many aid organizations that still remain independent from each other.

This paper will seek to answer how to improve the role of humanitarian aid in emergency situations, and address its issues and shortcomings. This will be done by analyzing the different criticisms faced by these humanitarian actors, as well as analyzing the different solutions that have since been proposed in order to answer these criticisms and find a new way for these organizations to operate and define themselves. Finally, these analyses will be evaluated and compared among one another.

Interviews have been held with aid workers and members of humanitarian organizations, in order to get a more intimate perspective of the inside workings of an NGO. Recent literature, studies and findings have also been utilized in order to get a clearer picture of the current state of humanitarian aid, notably from writers such as Thomas Weiss, Hugo Slim, David Rieff and Linda Polman.

Humanitarian aid cannot be cured with a simple solution; instead, it is an ongoing, gradual process that requires cooperation from governments and organizations in order to move forward. The non-protit sector can stand to learn a lot from the for-profit sector, especially in terms of professionalism and collaborating amongst one another. This change will not come easily, but humanitarian aid also cannot remain stagnant if they hope to reach out to populations in need with quality aid.

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17

Vasiliauskienė, Violeta. "The fight against terrorism in the context of international humanitarian law." Doctoral thesis, Lithuanian Academic Libraries Network (LABT), 2014. http://vddb.library.lt/obj/LT-eLABa-0001:E.02~2014~D_20140303_135329-20805.

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In the last decade the fight against terrorism was carried out not only by measures indicated in national criminal procedure laws or international treaties outlining measures in the fight against terrorism, but also using military forces and carrying out military measures. Thus the dissertation aims to establish when and to what extent is the international humanitarian law (hereinafter – IHL) applied in the fight against terrorism, that is, to analyze in what cases the fight against terrorism amounts to armed conflict, what is the status of terrorists taking part in the armed conflict according to IHL, and to evaluate in the light of IHL principles and rules the specific measures taken against terrorists. Firstly the dissertation analyses the question of the definition of terrorism and proposes a possible definition of this phenomenon. Further on the dissertation analyzes the instances when the IHL rules are applied in the fight against terrorism, that is, when such situation amounts to an armed conflict, and evaluates the main criteria of armed conflict – intensity and organization – and their application in the fight against terrorism. The dissertation also explores the questions of the status of terrorists taking part in an armed conflict, distinguishing those taking part in international and non-international armed conflicts, and exploring the criteria for the direct participation in hostilities for such persons. Finally, the dissertation analyzes the specific measure of... [to full text]
Pastaraisiais dešimtmečiais kovą su terorizmu pradėta vykdyti ne tik pasitelkiant nacionaliniuose baudžiamojo proceso įstatymuose ar tarptautinėse sutartyse, skirtose kovai su terorizmu, numatytas priemones, tačiau ir naudojant karines pajėgas bei atliekant karinius veiksmus. Taigi disertacijoje iškeliamas tikslas nustatyti, kada ir kokiu mastu taikoma tarptautinė humanitarinė teisė (toliau – THT) kovoje su terorizmu, tai yra, ištirti, kokiais atvejais kova su terorizmu laikytina ginkluotu konfliktu, koks yra teroristų, dalyvaujančių ginkluotame konflikte, statusas pagal THT ir atsižvelgiant į THT normas įvertinti specifines kovos priemones, naudojamas kovojant su teroristais. Pirmiausiai disertacijoje analizuojamas terorizmo apibrėžimo klausimas ir pateikiamas galimas terorizmo apibrėžimas. Toliau disertacijoje vertinama, kuriais atvejais kovojant su terorizmu bus taikomos THT normos, tai yra, kada kova su terorizmu prilygsta ginkluotam konfliktui, tiriami ginkluoto konflikto intensyvumo ir organizuotumo kriterijai ir jų taikymas kovos su terorizmu situacijose. Disertacijoje taip pat tiriama, koks yra teroristų, dalyvaujančių ginkluotame konflikte, statusas pagal THT, išskiriant tarptautiniuose ir netarptautiniuose ginkluotuose konfliktuose dalyvaujančius asmenis, taip pat išsamiai išanalizuojant asmenų tiesioginio dalyvavimo ginkluotame konflikte kriterijus. Galiausiai disertacijoje tiriama specifinė kovos su terorizmu priemonė – tikslinių nužudymų, ypač naudojant... [toliau žr. visą tekstą]
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18

Babatunde, Elkanah Oluwapelumi. "Humanitarian intervention: legality, legitimacy and the search for solutions." Master's thesis, University of Cape Town, 2017. http://hdl.handle.net/11427/24936.

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Humanitarian intervention refers to the use of force for the protection of human rights in a foreign state and usually against the will of the state in which force is used. The legality of unilateral humanitarian Intervention is a widely contested area in contemporary international law. It is a discussion that cuts across law, morality and foreign policy. Humanitarian intervention brings to the fore the contention between the principles of sovereignty and political independence on one hand and human rights and the principle of common humanity on the other hand. Some scholars contend that humanitarian intervention is a violation of the principles of sovereignty and political independence of states and violates Article 2(4) of the United Nations (UN) Charter. Other scholars have argued that Artcicle 2(4) of the UN Charter does not prohibit the use of force for human rights purposes but rather prohibits use of force which is targeted against a state's political framework or territorial annexation. They argue further that huamn rights constitutes one of the purposes of the UN and it is therefore unthinkable that the UN Charter will prohibit the use of force for such a purpose as human rights. Humanitarian intervention thus stands at the crossroasds of very foundational principle of both customary international law and the UN Charter. In this thesis, I argue that humanitarian intervention is illegal under the UN Charter as it does not fall within the two exceptions to the use of force: self-defence and Security Council sanctioned use of force. However, I go further to argue for the legitimacy of humanitarian intervention based on the principles of common humanity and wider principles of sovereignty. This argument draws from the just war doctrine as postulated by Grotius and other early just war theorists. The need to allow for unilateral intervention is pertinent given the rise in the abuse of power by some governments. Sovereignty should not be an umbrella that shields human rights abuses.
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19

Godoy, Wilson Magdalena Sofia. "Sexual violence in armed conflict under international law: The interplay between international humanitarian law human rights law and international criminal law." Diss., University of Pretoria, 2016. http://hdl.handle.net/2263/56998.

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20

Samara, Angeliki. "The responsibility to protect and the notion of irresponsibility in international law." Thesis, University of Sussex, 2018. http://sro.sussex.ac.uk/id/eprint/80439/.

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21

Bakhsh, Faiz. "Humanitarian law in an Islamic context : internally displaced persons in Pakistan." Thesis, Anglia Ruskin University, 2018. http://arro.anglia.ac.uk/703777/.

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The headcount of IDPs in the world is currently 40 million, and armed conflict in Pakistan has resulted in repeated displacements for a decade, with an estimated 1.4 million IDPs needing protection from the national government, within an Islamic social and cultural context. This research explores the protection of internally displaced persons (IDPs) under International Humanitarian Law (IHL) in an Islamic context, with a case study of IDPs in Pakistan. This research applies a mixed method approach combining legal interpretation and application of the international legal framework applicable to IDPs and the relevance of Islamic Law in the context of the domestic legal structure of Pakistan. An empirical/socio-legal case study of IDPs in Pakistan uses qualitative field interviews to investigate the implementation of the legal framework applicable to IDPs. This research analyses the applicability of IHL in the presence of Sharia Laws in the domestic legal structure of Pakistan, especially on IDPs affected by non-international armed conflict. It has found a poor domestic legal framework, and poor implementation of IHL, leading to inadequate protection to IDPs. Sharia Law in the legal structure of Pakistan does not hinder IHL from providing protection to IDPs. The government of Pakistan should do more to ensure the applicability of IDPs legal framework, especially the implementation of the rules of IHL, but this is hindered by continuing armed conflict and a lack of review mechanism for the current status and number of IDPs.
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22

Bakhsh, Faiz. "Humanitarian law in an Islamic context: Internally displaced persons in Pakistan." Thesis, Anglia Ruskin University, 2018. https://arro.anglia.ac.uk/id/eprint/703777/1/Bakhsh_2018.pdf.

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The headcount of IDPs in the world is currently 40 million, and armed conflict in Pakistan has resulted in repeated displacements for a decade, with an estimated 1.4 million IDPs needing protection from the national government, within an Islamic social and cultural context. This research explores the protection of internally displaced persons (IDPs) under International Humanitarian Law (IHL) in an Islamic context, with a case study of IDPs in Pakistan. This research applies a mixed method approach combining legal interpretation and application of the international legal framework applicable to IDPs and the relevance of Islamic Law in the context of the domestic legal structure of Pakistan. An empirical/socio-legal case study of IDPs in Pakistan uses qualitative field interviews to investigate the implementation of the legal framework applicable to IDPs. This research analyses the applicability of IHL in the presence of Sharia Laws in the domestic legal structure of Pakistan, especially on IDPs affected by non-international armed conflict. It has found a poor domestic legal framework, and poor implementation of IHL, leading to inadequate protection to IDPs. Sharia Law in the legal structure of Pakistan does not hinder IHL from providing protection to IDPs. The government of Pakistan should do more to ensure the applicability of IDPs legal framework, especially the implementation of the rules of IHL, but this is hindered by continuing armed conflict and a lack of review mechanism for the current status and number of IDPs.
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23

Sonczyk, Barbara. "The anatomy of the war crime of attacking peacekeepers under international humanitarian law and international criminal law." Thesis, University of Westminster, 2014. https://westminsterresearch.westminster.ac.uk/item/964w0/the-anatomy-of-the-war-crimeof-attacking-peacekeepersunder-internationalhumanitarian-law-andinternational-criminal-law.

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This thesis is concerned with the analysis of the war crime of attacking peacekeeping missions under international humanitarian law and international criminal law. The Rome Statute of the International Criminal Court criminalises “(…) intentionally directing attacks against personnel, installations, material, units or vehicles involved in a humanitarian assistance or peacekeeping mission in accordance with the Charter of the United Nations, as long as they are entitled to the protection given to civilians or civilian objects under the international law of armed conflict”. However, the exact scope of application of this war crime is unclear and controversial due to the overlap of three different fields of international law: international criminal law, international humanitarian law and United Nations law. These distinct bodies of law have their own principles, objectives and logic and might not necessarily be in perfect harmony with each other at this particular point. Major complexities linked to it include the definition of a peacekeeping mission in accordance with the Charter of the United Nations, the status of peacekeeping personnel and objects under international humanitarian law, and the scope of peacekeepers’ right to self-defence. The central research question that this thesis addresses is about the compatibility of this war crime with the system of international law. This is answered in the affirmative. The contribution to knowledge that this thesis offers relates to critical studies on international criminal law, international humanitarian law and the United Nations system. The thesis clarifies the scope of application of the war crime of attacking personnel and objects involved in a peacekeeping mission in accordance with the United Nations Charter. This is the first comprehensive analysis of the overlap of legal regimes with respect to this war crime, which can assist courts in application of the rules relating to the protection of peacekeeping missions.
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Lin, James Chun. "Humanitarianism and military force : humanitarian intervention and international society." Thesis, University of Oxford, 1995. http://ora.ox.ac.uk/objects/uuid:3ce0813e-b33d-4d02-8049-7851859cc801.

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This thesis examines the theory and practice of humanitarian intervention in the modern states system. Humanitarian intervention is defined as the use of military force across state boundaries, against the wishes of the target government, to protect the people from intolerable misrule and grave abuses of human rights. The aim of this thesis is to examine the problem of humanitarian intervention from the perspective of international society. This thesis is divided into two parts. Part One defines the concept, considers the historical and intellectual milieu in which the idea emerged and evolved, and examines the different grounds upon which states have justified a right of intervention. Part Two considers the implications for international society. International society exists when states have shared rules, values, and a mutual concern for order. Three primary arguments are made in Part Two: (1) Humanitarian intervention can co-exist with the rules of state sovereignty, non-intervention, and limitations on the use of force; (2) Humanitarian intervention has performed the historic function of expanding the values of international society; (3) Practised under the right circumstances, it can help promote international order rather than subvert it. As this thesis demonstrates, a more in-depth understanding of how past theorists and practitioners of humanitarian intervention have approached the problem can enrich the current discussion.
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Da, Rosa William Torres Laureano. "The dialectic of emancipation and repression in international human rights law." Thesis, University of Sussex, 2016. http://sro.sussex.ac.uk/id/eprint/64069/.

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The main objective of this thesis is to investigate, using the dialectical method, why human rights are not only just emancipatory in the international context but are also often used for the legitimation of repressive policies. The argument in this thesis accepts that human rights have an important role in the general development of international law, and that their historical development has had a transformational effect on international politics. My thesis is that political groups have sought to mould political and social interactions by questioning and reshaping both the definitions and the system of human rights. In doing so, those actions – defined as political power – are used to legitimise new social and political constellations by changing the legal definitions of rights and by erecting new forms of protection. In the development of my argument, I analyse first the different historical moments in which significant transformations and redefinitions of human rights occurred. For that, I will identify two processes: the formalisation of rights (emancipatory) and their de-formalisation (repressive). Secondly, I will seek to show that these processes are politically constituted in a dialectic that operates in the implementation of such rights by the State in both domestic and international spheres. I shall then provide an interpretation that tries to explain how this dialectic has helped legitimise the system of international human rights. As a result, it can be observed that while in the West there was, domestically, an emancipatory movement able to formalise rights that progressively reached larger social groups, the same cannot be said for those who lived in the colonial world. Internationally, there have been different interpretations that prevented the expansion and implementation of human rights on the same basis as in the domestic sphere. The dialectic of emancipation and repression, therefore, can be visualised by looking, historically, at political struggles between formalising and de-formalising forces.
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Klingsbo, Dina. "Palestinians’ Right to Property in the Occupied Territory Under International Humanitarian Law." Thesis, Örebro universitet, Institutionen för juridik, psykologi och socialt arbete, 2019. http://urn.kb.se/resolve?urn=urn:nbn:se:oru:diva-76596.

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Ofuani, Suzzie Onyeka. "Redefining state sovereignty: The complexities of Humanitarian intervention and the Responsibility to Protect." Master's thesis, University of Cape Town, 2009. http://hdl.handle.net/11427/4728.

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At the time this statement was made by the former Secretary General of the United Nations, the international community was engulfed in a debate concerning humanitarian intervention and its effect on state sovereignty. Recent interventions in states such as East Timor, Haiti and Kosovo had sparked off concern regarding the tension between sovereignty and the recognition of human rights norms which has for a long time 'raged' within academic institutions and the international community as a whole. In the rhetoric of international politics, attempts to establish the responsibility of states to respect human rights within their jurisdictions are often countered with claims of sovereign equality and the principle of non-intervention.
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Montero, Miguel. "UN Peacekeeping & Humanitarian Intervention as Tools for Enforcement of Human Rights." Thesis, Örebro universitet, Institutionen för juridik, psykologi och socialt arbete, 2019. http://urn.kb.se/resolve?urn=urn:nbn:se:oru:diva-76617.

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Uyar, Abatay Lema. "The accountability of UN post-conflict administrations for violations of international humanitarian law and human rights law." Thesis, University of Oxford, 2013. http://ora.ox.ac.uk/objects/uuid:a3dc00e1-afe1-4503-a9de-e18af88c2982.

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The thesis explores the extent to which the UN post-conflict administrations are accountable towards the populations of the territories they administer. The post-conflict administrations temporarily assume legislative and administrative powers to support the peace processes, to help to resolve the sovereignty issues or to establish administrative structures that might be non-existent in these territories. The thesis argues that, while the exercise of these extensive powers entails the accountability of the UN, in practice this accountability is not effectively engaged. As opposed to other forms of accountability, the focus is on the international legal responsibility of the UN as the prominent and most meaningful form of accountability, in the accountability relationship between the administrator and the administered, which gives the populations of the administered territories the opportunity to challenge the acts of international administrations and seek redress. In exploring the legal responsibility of the UN and in line with Article 4 of the ILC Draft Articles on the Responsibility of International Organizations, which states only an act of an international organization that constitutes a breach of an international obligation entails its responsibility, this thesis initially explores the extent of international obligations arising from, and the extent of applicability of, three bodies of law. First, the thesis discusses the applicability of international humanitarian law, the fundamental principles of which have traditionally been part of UN peace operations practice. Next, it considers the applicability of the law of occupation, which shares stark factual similarities with the UN post-conflict administrations. Finally, the applicability of international human rights law, which is consistently part of the applicable law in post-conflict territories, and the protection and promotion of which is consistently included in the mandates of post-conflict administrations is examined. The thesis argues that the simultaneous application these bodies of law would help to create a legal framework to engage the accountability of UN post-conflict administrations and this legal framework should be complemented by effective accountability mechanisms.
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Östberg, Jenny. "Prisoner of War or Unlawful Combatant : An Evolution of International Humanitarian Law." Thesis, Linköping University, Department of Management and Economics, 2006. http://urn.kb.se/resolve?urn=urn:nbn:se:liu:diva-5603.

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The construction of International Humanitarian Law and the norms regarding protection of prisoners of war have evolved as a reaction to the horrors of war. After September 11 and the following war on terrorism the notion of POWs has been widely debated. The USA holds prisoners at the navy base at Guantánamo Bay, Cuba without granting them status as POWs; this thesis is placing the treatment of these detainees within a historical context. The norm concerning rights of POWs is today both internationalized and institutionalized, but that has not always been the case. This thesis illuminates how the norms have evolved during World War I, World War II and Vietnam War; finally the war against terrorism and the treatment of the prisoners at Guantánamo Bay is analyzed. The intention of the thesis is to use a historical overview of the evolution of IHL, and the rights of POWs in particular, to formulate a wider assumption about the implication of IHL in the war against terrorism and the future.

The thesis adopts a theory which combines constructivism and John Rawls´ theory of justice and uses constructivist ideas about the nature of the international system applied to Rawls´ notion of justice. The constructivist theory and ontology are the basis of the theoretical framework of this thesis and Rawls´ definition of justice as the base of social institutions are viewed from a constructivist perspective. IHL and the norms regarding protection of POWs are thus considered as social facts, constructed and upheld through social interaction between states.

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Bruch, Elizabeth Marie. "Re(writing) the rule of law : text and expertise in humanitarian intervention." Thesis, University of British Columbia, 2012. http://hdl.handle.net/2429/41929.

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This dissertation examines humanitarian intervention through the texts and experts of human rights field work in inter-governmental organization (IGO) missions in conflict and post-conflict situations. Humanitarian intervention, understood as coercive collective intervention by the ‘international community’ against a state to protect the population(s) within that state, is one of the most challenging and controversial issues in international law and policy today. Humanitarian intervention involves the exercise of geo-political and institutional power, and it requires the massive mobilization of personnel and resources from around the world in complex and on-going projects of peacekeeping and nation building. Although humanitarian intervention is largely justified in the name of human rights and the rule of law, there has been little empirical study of the institutions and individuals conducting the work of human rights and the rule of law in contexts of intervention. Human rights field officers are primary actors as translators, instructors, advocates and practitioners of the rule of law in the field of humanitarian intervention. This research uses an approach of Institutional Ethnography, informed by Actor-Network Theory, to understand the dynamics of human rights field work in IGO field missions. Its approach is to trace relations of power in humanitarian intervention through an empirical investigation into how law is constituted, deployed, adapted, and redefined in human rights field work. This project relies upon in-depth interviews with human rights field officers and analysis of three central categories of texts – international treaties, UN Security Council resolutions, and human rights field reports. This research examines law in the everyday context, but in humanitarian intervention that context is an exceptional one, and both law and expertise take on particular significance in the field. The texts of law cross temporal and spatial scales to establish normative frameworks, create institutions, deploy personnel, and assess outcomes. The experts deployed to the field are uniquely empowered as impartial outsiders, even as they are connected to and imbricated in larger networks of rule. Close consideration of the texts of international law and the everyday work of field officers offers important insights into this emerging exercise of institutional and global governance.
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Dinniss, Heather Harrison. "The status and use of computer network attacks in international humanitarian law." Thesis, London School of Economics and Political Science (University of London), 2008. http://etheses.lse.ac.uk/2527/.

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The information revolution has transformed both modern societies and the way in which they conduct warfare. This thesis analyses the status of computer network attacks in international law and examines their treatment under the laws of armed conflict. A computer network attack is any operation designed to disrupt, deny, degrade or destroy information resident in computers and computer networks, or the computers and networks themselves. The first part of the thesis deals with a States right to resort to force and uses the U.N. Charter system to analyse whether and at what point a computer network attack will amount to a use of force or an armed attack, and examines the permitted responses against such an attack. The second part of the thesis addresses the applicability of international humanitarian law to computer network attacks by determining under what circumstances these attacks will constitute an armed conflict. It concludes that the jus in bello will apply where the perceived intention of the attacking party is to cause deliberate harm and the foreseeable consequence of the acts includes injury, death damage or destruction. In examining the regulation of these attacks under the Jus in bello the author addresses the legal issues associated with this method of attack in terms of the current law and examines the underlying debates which are shaping the modern laws applicable in armed conflict. Participants in conflicts are examined as increased civilianisation of the armed forces is moving in lock-step with advances in technology. Computer network attacks also present new issues for the law relating to targeting and precautions in attack which are addressed; objects subject to special protections, and their digital counterparts are also examined. Finally the thesis addresses computer network attacks against the laws relating to means and methods of warfare, including the law of weaponry, perfidy and the particular issues relating to digital property.
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Kazemi, Abadi Alireza. "Reaffirmation and development of customary international humanitarian law by international criminal tribunals." Thesis, King's College London (University of London), 2017. https://kclpure.kcl.ac.uk/portal/en/theses/reaffirmation-and-development-of-customary-international-humanitarian-law-by-international-criminal-tribunals(df866a57-9959-4706-888e-737e75e68d2b).html.

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The codifying of international humanitarian law (IHL) that began in the mid-nineteenth century has not diminished the importance of customary international humanitarian law (CIHL), at least, in filling the gaps between the needs of the victims of armed conflicts and the inadequacies of conventional law. This is fully reflected in the case-law of international criminal tribunals (ICTs) where customary law has been extensively applied in areas that are not sufficiently regulated by treaty provisions or where the parties to armed conflicts were not parties to similar treaties. This study mainly focuses on the contributions of the judicial decisions of the ICTs to the current state of CIHL. It examines how the decisions have reaffirmed certain rules of CIHL or, when applicable, how they have influenced the subsequent development of CIHL. It also seeks to analytically study the rules of IHL identified as customary in the decisions of ICTs. In the course of research, the customary definition of non-international armed conflicts (NIACs), tests for determining internationalized armed conflicts, customary content of war crimes, and their application to NIACs are discussed in greater details. It is argued that the ICTs contribute to customary rules by way of reaffirmation and development. They develop CIHL through judicial interpretation or practical application of existing laws to new cases. CIHL has the advantages of flexibility in formation and universality in application. The case-law of ICTs, however, clearly reveals that the prime advantage of CIHL is its constituent elements and the prerogative that the ICTs can exercise in identifying customary rules. The ICTs deliberately choose combinations of the elements of opinio juris and State practice to draw the rules that they consider to be suitable for protecting the victims of armed conflicts. The methodology has been occasionally criticized to be ultra vires law-making. This research shows that the methodology is still definable in the positivist views to international law-making, though they have managed to develop CIHL beyond its traditional boundaries to cover areas of IHL, such as NIACs where States have been traditionally reluctant to develop.
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Hardie, Kathleen. "Humanitarian Intervention, Human Rights and the use of force in International Law." Thesis, Hardie, Kathleen (2009) Humanitarian Intervention, Human Rights and the use of force in International Law. Masters by Research thesis, Murdoch University, 2009. https://researchrepository.murdoch.edu.au/id/eprint/2446/.

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This thesis will critically examine the status of humanitarian intervention in international law. This will involve an examination of constraints on the use of force both prior to and after the introduction of the Charter of the United Nations, along with the concept of state sovereignty and the prohibition of intervention in the domestic affairs of states. It will be argued that the failure of the collective security system envisaged by the Charter, along with changing perceptions of state sovereignty and the increased prominence of human rights have focused attention on the need to develop appropriate international responses to egregious abuse such as genocide, war crimes and crimes against humanity. Humanitarian intervention has been promoted by various authors, non-government organisations, human rights activists and at times by states, as a potential solution. The concept of humanitarian intervention excites considerable controversy not only about its legality, but also about the desirability and efficacy of the use of force to prevent or constrain grave violations of fundamental human rights. It also raises questions about the continuing relevance of international law relating to the use of force and its corollary, non-intervention in the domestic affairs of states. The question of whether an asserted customary international law right of humanitarian intervention survived the introduction of the Charter will be addressed along with the evolution of customary international law and the legal implications of the classification of norms jus cogens and obligations erga omnes. The legal limits and some of the practical difficulties with humanitarian intervention will be reviewed. Essentially it will be argued that rather than focusing on an asserted or emerging ‘right’ of humanitarian intervention that does not appear to have strong state support, it might be more fruitful to focus on the need to reform the United Nations and strengthen its capacity and commitment to the development of more effective approaches to the promotion of human rights, conflict prevention and conflict resolution. Ideally this would also help to resolve critical questions relating to the legitimacy of international law.
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Olulowo, Kunle Adebamiji. "Unmanned Aerial Vehicles in Counterterrorism Efforts and Implications for International Humanitarian Law." ScholarWorks, 2018. https://scholarworks.waldenu.edu/dissertations/5766.

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The United States increasingly has resorted to the use of Unmanned Aerial Vehicles (UAVs) for targeted killings of terrorists as a counterterrorism strategy. More states and terrorist organizations also are acquiring UAVs and this development can lead to indiscriminate and unregulated use of UAVs. Previous researchers have indicated the surveillance ability and precise weapon delivery capacity of UAVs make them a weapon of choice for U.S. counterterrorism efforts. Although the U.S. government estimated the collateral damage involved in the use of UAVs at 3-5%, nongovernmental sources put it at 25-40%. A gap exists in the current literature regarding public perception of the use of UAVs as a counterterrorism measure and how international humanitarian law (IHL) may interpret employment of UAVs. The purpose of this quantitative, cross-sectional study is to determine if a relationship exists among public support of the use of UAVs for targeted killing, attitudes towards counterterrorism, and public perceptions of IHL. An online survey was used to collect data from 104 adult participants using the convenience sampling method. Logistic regression, ANOVA, and correlational analyses helped to determine the relationships. The outcomes contributed to the existing literature by providing important data related to public perception of the use of UAVs with the potential to enhance global peace and security. The results contributed to social change initiatives through the potential to facilitate the establishment of international and domestic legal frameworks to regulate the future employment of UAVs for targeted killing.
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Steiner, Hrafn. "Cyber operations, legal rules and state practice : authority and control in international humanitarian law." Thesis, Stockholms universitet, Juridiska institutionen, 2017. http://urn.kb.se/resolve?urn=urn:nbn:se:su:diva-142944.

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Ferstman, Carla. "Reparation for violations of human rights and humanitarian law : the responsibility of international organizations." Thesis, University of Oxford, 2016. https://ora.ox.ac.uk/objects/uuid:4ac8ab4f-6c87-4238-b2df-ea8dadb22110.

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This thesis is concerned with reparation for human rights and international humanitarian law breaches committed by or attributed to international organizations. These breaches constitute internationally wrongful acts which according to the International Law Commission's Draft articles on the responsibility of international organizations, give rise to an obligation on the offending organization to afford reparation. However, in practice, the obligation to afford reparation is unimplemented. The thesis explores why this is. The thesis considers how the law of responsibility intersects with the specialised regimes of human rights and international humanitarian law and particularly, their application to remedies and reparation owed to individuals. It reviews the various gaps in the normative framework and the limitations of existing redress mechanisms. The thesis analyses the cogency of the arguments and rationales that have been used by international organisations to limit institutional liability and the scope and functioning of redress mechanisms, included by the resort to lex specialis principles. It is postulated that the standards of reparation must be drawn from the nature of the breach and the resulting harms and not by who is responsible for the breach. In this respect the thesis is an exercise in the progressive development of the law. Having determined that existing redress mechanisms cannot afford adequate or effective remedies and reparation, the thesis explores how to move towards a model that achieves greater compliance. Indeed, should it be accepted that international organizations must afford remedies and reparation for breaches of human rights and IHL that correspond to the standards that exist in those specialised fields then it is argued that there is a corresponding obligation on them to put in place the modalities for that to be achieved.
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Nyström, Costa Jonas. "Humanitarian interventions trapped in the crime of aggression : Humanitarian interventions through the lens of article 8bis in the Rome Statute." Thesis, Försvarshögskolan, 2020. http://urn.kb.se/resolve?urn=urn:nbn:se:fhs:diva-9837.

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The purpose of this thesis is to examine interventions under the doctrine of R2P without appropriate legal authority becomes coercive actions of Unilateral Humanitarian Intervention. And that a unilateral humanitarian intervention would amount to the crime of aggression.   The R2P doctrine states that sovereignty is derived from the responsibility for a population. The responsibility to protect is primarily on the state. In the event of a failure to protect a human population the responsibility is transferred to the international community of states.According to the doctrine of Humanitarian Interventions it exists a third exception to the use of force, which allows states to legally intervene in the event of a humanitarian catastrophe.  This thesis will first examine the link between R2P and Unilateral Humanitarian Intervention. Secondly, the legal status of Unilateral Humanitarian interventions will be examined, and how Unilateral Humanitarian Intervention can fulfil the elements of the crime of aggression. The last part examines if Unilateral Humanitarian Intervention can constitute ‘defensive force of others’ as grounds to exclude criminal responsibility, in the event of an ICC criminal trial for the crime of aggression.The thesis concludes that a person subject to a criminal prosecution for the crime of aggression in the event of Unilateral Humanitarian Intervention, could successfully argue ‘defensive force of others’ as grounds to exclude criminal responsibility.
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Vanegas, Guzman Maria del Pilar. "Integrating legal pluralism to ICRC's task of enhancing compliance with international humanitarian law." Thesis, McGill University, 2011. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=97134.

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The latest public reports by the International Committee of the Red Cross demonstrate its increased operational tendency granting importance to diversity and contextualization in the multiple contexts where the humanitarian institution operates. These reports call for the use of imagination and creativity to face challenges not yet overcome though recognized at least a decade back -notably the recurrent record of non-compliance with the law of armed conflict while the numbers of victims of war grow at a worrying pace. This thesis explores whether the predominant positivist legal character within the ICRC -typical of the western legal tradition- contributes or instead constitutes an obstacle to the current operational trends. It is argued here that complementing the marked positivist view of law at the ICRC with pluralist perspectives would help ease the tension and bridge the gap that it is argued exists at the ICRC between the legal and the operational minds. The ground is ripe for the integration of positivist and pluralist approaches at the ICRC, since a pluralist vision of law is in line with the pragmatic operational perspectives at the ICRC. A pluralist vision would entail open appeal to the moral ingredient of law in an inclusive and non-hierarchical dialogue which would integrate the diversity of actors at war as active participants in the legal enterprise. Moving forward to an inclusive and participative law-making process in a global context marked by a multiplicity of legal communities, religious dynamics and non-state conflicts may help improve adherence to and compliance with the law of armed conflict by rendering it more legitimate and meaningful in the mind of actors. Bridging the gap between the operational and legal minds at the ICRC could serve the operational objective to protect victims of armed conflict as well as the legal one to improve respect of the law.
Dans ses rapports les plus récents destinés au public, le Comité International de la Croix-Rouge (CICR) expose sa tendance opérationnelle croissante et l'importance qu'il accorde à la diversité et à la contextualisation des multiples contextes où l'institution humanitaire exerce ses activités. Le CICR fait appel dans ces rapports à l'imagination et à la créativité pour venir à bout des difficultés qui ne sont toujours pas résolues, même si elles ont été mises en lumière il y a une décennie déjà au moins, notamment le non-respect répété du droit international humanitaire (DIH) alors que le nombre de victimes de guerre augmente à un rythme alarmant. Cette thèse cherche à définir si la position prédominante au sein du CICR, à savoir le positivisme juridique, attitude typique de la tradition juridique occidentale, favorise les tendances opérationnelles actuelles ou, plutôt, y constitue un obstacle. L'on avance ici que le fait d'étoffer la vision positiviste marquée du droit au sein du CICR d'optiques pluralistes contribuerait à apaiser les tensions et à combler le fossé qui, croit-on, existe au sein du CICR entre les perspectives juridique et opérationnelle. Il est temps d'intégrer les approches positivistes et pluralistes au CICR, puisque la vision pluraliste du droit correspond à l'optique opérationnelle pragmatique du CICR. Une vision pluraliste signifierait un recours ouvert au volet moral du droit dans le cadre d'un dialogue inclusif et non hiérarchisé, qui favoriserait l'intégration des divers acteurs en guerre comme participants actifs à l'entreprise juridique. L'orientation vers un processus législatif axé sur la participation dans un contexte international marqué par la multiplicité des collectivités juridiques, des dynamiques religieuses et des conflits non étatiques pourrait améliorer l'adhésion et la conformité au DIH en le rendant plus légitime et riche de sens dans l'esprit des acteurs concernés. L'écart comblé entre la vision opérationnelle et la vision juridique au sein du CICR pourrait servir l'objectif opérationnel de protéger les victimes de conflits armés, et l'objectif juridique d'améliorer le respect du droit.
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Crawford, Emily Jessica Teresa Law Faculty of Law UNSW. "Unequal before the law: Questioning the distinction between types of armed conflict in international law." Publisher:University of New South Wales. Law, 2008. http://handle.unsw.edu.au/1959.4/41260.

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This thesis makes the case for eliminating the distinction between types of armed conflict under international humanitarian law (IHL). Currently, IHL makes the distinction between international and non-international armed conflicts. International armed conflicts are regulated by more treaties than their non-international counterparts. Furthermore, the regulation of international armed conflicts is also considerably more comprehensive than that offered for participants in and victims of non-international armed conflicts. This bifurcation of the law was logical at the time the Geneva Conventions of 1949 were drafted and adopted, as the majority of armed conflicts prior to that point had been international in character. However, in the years following the adoption of the Conventions, there has been a proliferation of non-international armed conflicts, which presents challenges to a body of law that has few tools to adequately address such occurrences. The adoption of the Additional Protocols in 1977 went some way to addressing the legal lacunae that existed, but significant gaps still remain. Mindful this history, this thesis tracks the growth and evolution of the laws of armed conflict in the modern era, since the first document of the laws of war produced for the American Civil War. In doing so, this thesis demonstrates how the law of armed conflict has become increasingly harmonised in its application, with more rules of IHL being generally applicable in all instances of armed conflict, regardless of characterisation. This thesis then makes the argument that the time has come for the final step to be taken, the elimination of the distinction between types of armed conflict, and the complete harmonisation of the laws of war. Focusing specifically on the issue of combatants and POWs in armed conflicts, this thesis draws on considerable legal precedent, legal theory, and policy arguments to make the case that it is time for the law relating to the regulation of armed conflicts to be more uniformly applied.
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Seppelt, Rosalie. "Media and Armed Conflict: Protection of Journalists and Media Facilities under Human Rights Law and International Humanitarian Law." Master's thesis, Faculty of Law, 2019. http://hdl.handle.net/11427/31234.

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This master thesis gives a comprehensive overview of the protection of journalists and media facilities in times of armed conflict. First, the thesis analyses, which legal regimes are applicable: international humanitarian or human rights law. In conclusion, it suggests a parallel application of both regimes while international humanitarian law is to be regarded as lex specialis in the event of an armed conflict. In the case of a discrepancy between norms of the two regulatory complexes, the lex specialis maxim solves the inconsistency as an interpretation rule. Thus, the human rights provision is interpreted in the light of the more specific humanitarian law provision. Secondly, the thesis examines the concrete norms under both legal regimes that protect journalists and media facilities. It finds that only human rights norms protect the work of journalists while international humanitarian law protects journalists as civilians and media facilities as civilian objects. In the event, that a (fatal) military attack on journalists or media facilities is justifiable under international humanitarian law, there exists a controversy with the right to life guaranteed in human rights law which is solved by means of the lex specialis principle. Finally, the extent of the de facto protection of journalists and media facilities in comparison to the assured de jure protection is tested. For this purpose, the effective protection of journalists and media facilities in general during the current South Sudan crisis is analysed as well as the protection of female journalists against gender-based rights violations in times of armed conflict. A huge discrepancy between the de jure granted protection and the actual protection is found in both cases. Therefore, this thesis stresses the need to adopt new binding international regulations specifically tailored to afford all journalists and media facilities the highest protection possible – especially in times of conflict.
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Kolb, Andreas Stephan. "The responsibility to protect : legal rights and obligations to save humans from mass murder and ethnic cleansing." Thesis, University of British Columbia, 2008. http://hdl.handle.net/2429/4160.

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The context for this work is set by the proliferation of intrastate conflicts and the international legal debate of humanitarian intervention. The thesis specifically addresses the concept of the “Responsibility to Protect” (R2P) as formulated by the International Commission on Intervention and State Sovereignty (ICISS). The objective is to assess the present quality of R2P as a concept of international law. Five components of the R2P framework are discussed: the primary responsibility of every state to protect its population from large-scale killings and large-scale ethnic cleansing; the right of other states to collective humanitarian intervention through the United Nations; a right of unilateral humanitarian intervention without prior Security Council authorization; the responsibility of the international community to take military action; and the criteria for external military involvement. Methodologically, the analysis is grounded in the dominant theory of legal positivism and its doctrine of sources, which requires notably an analysis of treaties and customary international law. An ethical theory is devised and applied, however, to remedy inadequacies of a strictly positivist method that sets out to determine international law solely on the basis of hard facts. These ethical considerations serve as a background theory to provide guidance in difficult cases of treaty or customary law analysis, and they fill gaps in positive international law as legally binding “principles of ethical law”. In conclusion, the individual components of R2P differ in terms of their legal status and the degree to which it can be explained by the traditional posivist approach to international law. The primary responsibility of every state has become accepted as a hard norm of international customary law; the right of collective humanitarian intervention is provided for in Chapter VII of the UN Charter; a right of unilateral humanitarian intervention has become part of the international legal system as a “principle of ethical law”; the residual responsibility of the international community is a principle of “legal soft law”; finally, positive international law defines no criteria delineating the permissible and required use of force for the protection of foreign populations.
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43

Kazinec, Darius. "Issues of cyber warfare in international law." Master's thesis, Lithuanian Academic Libraries Network (LABT), 2011. http://vddb.laba.lt/obj/LT-eLABa-0001:E.02~2011~D_20110705_132153-12860.

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Cyber has been around for over a decade and yet we are still faces with a situation of a very weak or rather no regulation. This is being heavily influenced by our weak technological development and due to the nature of cyberspace and the Internet. Cyber warfare poses interesting questions for us. It is one of a kind type of warfare, the one we cannot see or feel, but it‘s impacts are instantaneous and potentially devastating. States and scholars agree on that. This thesis attempts to explore possibilities of application of existing international laws to amend this situation and answer the questions if it is adequate or at all possible. While scholars are still arguing about the basics of what cyber warfare and cyberspace actually is, it keeps on evolving. States on the other hand have recognized the potential threat of cyber warfare a long time ago and are attempting to mend the existing legal void, however not successfully. The effects of their efforts are limited only to a small number of States. States who are not willing to give up their cyber capability would also stay clear from such international legislation. International treaties and State practice were analyzed in search of a way to accommodate cyber warfare under the current regime. The findings show that application of existing legal basis to cyber warfare is at best difficult and strained. The reality is that cyber warfare does not fit adequately under any of the legal umbrellas at the moment. Application of... [to full text]
Kibernetinis karas jau egzistuoja daugiau nei dešimtmeti tačiau mes vis dar turime labai silpną šio reiškinio reguliavimą. Tokia situacija yra stipriai įtakota mūsų silpnu techniniu galimybių bei interneto struktūros. Kibernetinis karas yra labai keblus. Tai yra naujoviškas kariavimo būdas kurio mes nematome, bet jo pasekmes gali būti žaibiškos ir niokojančios. Mokslininkai ir pasaulio valstybės tai jau seniai pripažino. Šis darbas bando atskleisti galimybes tarptautines teises reguliavimui kibernetinio karo atžvilgiu, jeigu tai iš viso yra įmanoma. Tačiau mokslininkai vis dar ginčijasi dėl kibernetinio karo ir kibernetines erdvės terminologijos, tuo tarpu kibernetinio karo grėsme tik didėja. Pasaulio valstybes tai suprasdamos bando ištaisyti teisės trukumus, tačiau nesėkmingai. Bet kokie pasiūlymai ir susitarimai galioja tik nedideliam valstybių ratui. O didžiosios valstybės tuo tarpu nenoriai atsisakytu savo kibernetinio pajėgumo. Darbe buvo išanalizuotos tarptautinės sutartys bei valstybių praktika bandant pritaikyti esamus režimus kibernetinio karo reguliacijai. Darytinos išvados, kad esamos tarptautinės teisinės bazės taikymas geriausiu atveju yra sudėtingas ir nenatūralus. Realybė yra tai, kad kibernetiniam karui netinka nei vienas režimas. O toks jo taikymas, deja sukelia daugiau problemų nei buvo prieš tai. Tačiau dar nėra išsemtos visos galimybės ir ateitis gali parodyti teisingą sprendimą. Tuo tarpu valstybes yra pasiruošusios vesti derybas dėl tarptautinės... [toliau žr. visą tekstą]
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44

Bantekas, Ilias. "Principles of individual responsibilty for violations of international humanitarian law after the ICTY." Thesis, University of Liverpool, 1999. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.489897.

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45

McDonald, A. M. "Rights to legal remedies of victims of serious violations of international humanitarian law." Thesis, Queen's University Belfast, 2003. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.273093.

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46

Bates, Elizabeth Torbe Stubbins. "Solving the conundrum between military training, prevention and compliance in international humanitarian law." Thesis, SOAS, University of London, 2018. http://eprints.soas.ac.uk/30290/.

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47

Al-Tarawneh, Mekhled Irkhyes. "The legality of humanitarian intervention under the United Nations Charter and contemporary international law." Thesis, University of Aberdeen, 1998. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.272484.

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This study is about the legality of the doctrine of humanitarian intervention under both the United Nations Charter and contemporary international law. The main idea behind this doctrine is the protection of human rights and the prevention of human rights violations. This doctrine was mainly developed in the nineteenth century. It was invoked during the nineteenth century by the European states to justify their intervention in the Ottoman Empire in order to protect its Christian minorities. This doctrine as we will see was not clearly mentioned in the United Nations Charter nor in any other regional charters. In other words, the United Nations Charter itself refers to the protection and promotion of human rights in many articles such as articles 55 and 56. Therefore, the United Nations Charter neither prohibits nor justifies this sort of intervention as an exception to the general ban on the use of force. According to the United Nations Charter the use of force is acceptable only in two cases: enforcement measures of the Security Council according to articles 39, 41 and 42 and implementation of the right to individual or collective self-defence according to article 51. In addition to the principle of non-use of force which is included in article 2(4) of the United Nations Charter, the Charter itself contains other principles such as the principle of non-intervention, sovereignty and the recognition of human rights. There is always endless conflict among these principles. The principles of non-use of force, non-intervention and state sovereignty could be classified as one pole and the promotion and protection of human rights as another pole. The tension between these concepts should be resolved. To this end the main question which is to be discussed throughout this study would be whether one should recognise the doctrine of humanitarian intervention as another exception to the general ban on the use of force in order to put an end to serious human rights violation? Or should states respect the prohibition on the use of force and thus refrain from intervening in the affairs of other states? In other words, should the principles of non-use of force, non-intervention and state sovereignty prevail over the protection of human rights? Or should these principles be set aside for the purpose of protecting human rights? In order to answer these questions and others this study will be divided into seven chapters. Chapter 1, Introduction , the present chapter identifies the problem to be discussed throughout this study. Chapter 2, covers the development of human rights through since early times up to 1945 and the early international measures adopted in this regard. Chapter 3, deals with the general, special and regional human rights conventions. Chapter 4, highlights the impact of sovereignty, non-intervention and human rights considerations on the debate concerning humanitarian intervention Chapter 5, traces the historical development of humanitarian intervention. Chapter 6, examines collective humanitarian intervention after the Gulf War. Chapter 7, is summary and conclusion.
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48

Ali, Abed Sara. "Targeted killing under International Humanitarian Law : The lawfulness of targeted killing in armed conflicts." Thesis, Örebro universitet, Institutionen för juridik, psykologi och socialt arbete, 2020. http://urn.kb.se/resolve?urn=urn:nbn:se:oru:diva-86493.

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49

Giesen, Stefan. "Roberta Arnold/Noëlle Quénivet (Hrsg.), International humanitarian law and human rights law : towards a new merger in international law / [rezensiert von] Stefan Giesen." Universität Potsdam, 2009. http://opus.kobv.de/ubp/volltexte/2009/3573/.

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Rezensiertes Werk: International humanitarian law and human rights law : towards a new merger in international law / edited by Roberta Arnold and Noëlle Quénivet Nijhoff. - Leiden [u.a.] : Nijhoff, 2008. - 596 S. ISBN 978-90-04-16317-1
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50

Mastorodimos, Konstantinos. "The accountability of armed non-state actors in international humanitarian and human rights law." Thesis, Queen Mary, University of London, 2012. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.612570.

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