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Full-Text Articles in Law

Improving Civilian Protection During War Through Conflict-Specific Behavioural Regulation Of Combatants, Kirsten Md Stefanik Aug 2019

Improving Civilian Protection During War Through Conflict-Specific Behavioural Regulation Of Combatants, Kirsten Md Stefanik

Electronic Thesis and Dissertation Repository

This thesis advances the claim that there is a gap between the regulation of behaviour for the protection of individuals in peace and the regulations needed to protect civilians from combatant violence during war. Social psychology and criminology theories can help to develop the necessary conflict-specific behavioural regulations. This is because social psychology and criminology theories can explain how combatant deviance is adversely affected by psychological processes that reframe combatants’ conceptions of right and wrong and, in so doing, fundamentally alter the way in which combatants view the IHL rules intended to protect civilians. This thesis uses legal doctrinal methodology …


Unilateral Non-Colonial Secessions: An Affirmation Of The Right To Self-Determination And A Legal Exception To The Use Of Force In International Law, Ilya Berlin Aug 2017

Unilateral Non-Colonial Secessions: An Affirmation Of The Right To Self-Determination And A Legal Exception To The Use Of Force In International Law, Ilya Berlin

Electronic Thesis and Dissertation Repository

Secession has contributed to nearly 50 intra-state armed conflicts around the world, and remains a complex issue in public international law. Over the past 72 years, several cases stand out as providing evidence of state practice with regards to invoking a successful right to unilateral secession: Bangladesh, Croatia, South Sudan, East Timor, Eritrea and Kosovo, to name a few. However, apart from invoking a right to secession, these cases also share a common factor that legitimized their independence: their Unilateral Non-Colonial (UNC) secessions became legal as a result of two factors: (i) an invocation of a right to self-determination which …


Elusive Peace, Security, And Justice In Post-Conflict Guatemala: An Exploration Of Transitional Justice And The International Commission Against Impunity In Guatemala (Cicig), Daniel W. Schloss Aug 2015

Elusive Peace, Security, And Justice In Post-Conflict Guatemala: An Exploration Of Transitional Justice And The International Commission Against Impunity In Guatemala (Cicig), Daniel W. Schloss

Electronic Thesis and Dissertation Repository

Guatemala has, until today, struggled to achieve security and justice following the end of nearly half a century of civil war in 1996. One specific institution, the International Commission Against Impunity in Guatemala (CICIG), has been implemented to rectify many of the Guatemalan state’s difficulties in establishing and maintaining the rule of law. In this thesis, I look to better explain CICIG’s role in Guatemala relative to security and justice in a post-conflict setting: I define CICIG as an institution potentially capable of building societal trust, and I explain how the inclusion of procedural justice within transitional justice can help …