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Articles 1 - 28 of 28
Full-Text Articles in International Humanitarian Law
Humanitarianism Through Alan Kurdi Photograph: A Discourse Of Governing Suffering, Nada Mahmoud
Humanitarianism Through Alan Kurdi Photograph: A Discourse Of Governing Suffering, Nada Mahmoud
Theses and Dissertations
Humanitarianism has become one of the powerful languages of modern times, in which compassion, ethics, and moral obligations are mediated to alleviate suffering. This thesis investigates humanitarianism not exclusively on the basis of its moral sentiments but on its functioning as a system of power that governs people’s conduct. It examines how different technologies of power feed into the operationalization of humanitarianism to transform it into a system for governing suffering. By decoding the elements of its power, the thesis aims to understand humanitarian reason through the humanitarian loop, from generating knowledge, categorization and representation, to the legal and normative …
The Paradox Of Palestinian Exile: Unrwa, Structural Limbo, And The Manufactured Crisis Of The Right To Return, Laila Ibrahim Hassan Elkassas
The Paradox Of Palestinian Exile: Unrwa, Structural Limbo, And The Manufactured Crisis Of The Right To Return, Laila Ibrahim Hassan Elkassas
Theses and Dissertations
This thesis argues that the temporariness of Palestinian exile has been turned into a manufactured limbo that is sustained by international law, humanitarian governance and host- country regimes. It uses General Assembly Resolution 194 and the broader human rights regime to show how the right to return is constantly reaffirmed but structurally postponed, resulting in a gap between legal promise and political reality. Drawing on Edward Said’s notion of exile as an unhealable rift, Pierre Bourdieu’s concept of habitus and Didier Fassin’s thinking on humanitarian reason, the thesis constructs a multi-scalar framework that conceptualizes limbo as existential experience, embodied practice …
The Indeterminacy Of Customary International Law, Mohamed Diaa Tawfik
The Indeterminacy Of Customary International Law, Mohamed Diaa Tawfik
Theses and Dissertations
This thesis explores the judicial formation of customary international law and examines how international courts oscillate between interpretive and law-making functions. It analyzes key theoretical frameworks—including Kelsen’s Pure Theory of Law, Dworkin’s Law as Integrity, Kennedy’s radical indeterminacy, and Koskenniemi’s Descending-Ascending Approach—to understand how courts assert and shape customary norms beyond mere state practice and opinio juris. The work concludes that the International Court of Justice and other tribunals increasingly act as de facto lawmakers under the guise of interpretation, advocating the indeterminacy they try to avoid.
Security And Terrorism Vs Free Expression: Analytical Study On The European Court Of Human Rights, Mariam Adel Massoud
Security And Terrorism Vs Free Expression: Analytical Study On The European Court Of Human Rights, Mariam Adel Massoud
Theses and Dissertations
The 11 of September attacks provide a paradigm shift when it comes to protection of national security. It results in a trending vision that prioritized security over national security, which makes it essential to think about balancing national security with free expression as a pillar of democratization. This study focusses on how the balance between freedom of expression and national security interests is achieved. It studies the legal approached of the European court of human rights and its legal assessment to strike this balance. The findings of this analytical study asserts that in order for the ECtHR to achieve this …
A Tragedy Of Incommensurability: Indigenous Rights And The Limits Of Human Rights Law, Zeina Ali
A Tragedy Of Incommensurability: Indigenous Rights And The Limits Of Human Rights Law, Zeina Ali
Theses and Dissertations
This thesis explores the tragedy of incommensurability between indigenous rights and international human rights law. Despite the emergence of frameworks like the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), indigenous calls for sovereignty remain fundamentally unintelligible within a liberal order structured to preserve settler-state legitimacy. Tracing the historical and theoretical evolution of indigenous advocacy, this study critiques the strategic shift from demands for self-determination to claims of cultural rights. It argues that this shift offers no real alternative: self-determination and cultural rights are functionally equivalent, as both are ultimately filtered through legal and political frameworks that cannot …
The Instrumentalization Of The Unprivileged Combatants By Western Countries Aimed To Oppress National Liberation Wars, Fares Mahmoud Def-Allah Abdelhamid
The Instrumentalization Of The Unprivileged Combatants By Western Countries Aimed To Oppress National Liberation Wars, Fares Mahmoud Def-Allah Abdelhamid
Theses and Dissertations
The goal of International Humanitarian Law (IHL) is purported to be the humanization of wars. Nonetheless, the atrocities committed in wars and the war criminals’ impunity suggest the failure of IHL. Notwithstanding, some voices call for reforming and developing IHL. In contrast, this thesis argues that IHL should be rejected entirely since the distinction between privileged and unprivileged combatants indicates that IHL is biased against anti-colonizers. It is biased in three senses. Firstly, IHL, particularly the distinction between privileged and unprivileged combatants, is dominated by Western rationality, which can be noticed in the domination of the civilization concept with its …
The 2011 Somalia Famine, Aya Ahmed
The 2011 Somalia Famine, Aya Ahmed
The Undergraduate Research Journal
In early 2011, the citizens of Somalia became unable to access basic human necessities such as food and water until the situation changed dramatically, leading to the daily death of thousands of human beings. This research paper tackles the negative consequences resulting from the Al-Shabaab movement, a movement who has the belief that applying the Sharia (Islamic Law) is the only valid solution to any issue as it is supported by the Sunni Islam, political issues, and the delay of the famine’s declaration. This research begs several questions which are: what were the factors which led to Somalia’s famine in …
Invisibility And Dis-Identification Of Algerian Women: Feminist Jurisprudence Eyes On The Legal Provisions Related To Personal Status And Criminal, Sophia Lina Meziane
Invisibility And Dis-Identification Of Algerian Women: Feminist Jurisprudence Eyes On The Legal Provisions Related To Personal Status And Criminal, Sophia Lina Meziane
Theses and Dissertations
Much of the debate around women’s rights in legal systems focuses on the increase of protection as a legal mechanism for approaching and guaranteeing gender equality. Yet, what extensive or comprehensive analysis has been done on how effective such laws are when applied? This thesis discusses the extent to which a feminist legal theory, separate and distinct from the patriarchal legal system, can demonstrate how an Islamic or Napoleonic order is conceptually another male rationality. While one could possibly identify inefficiencies of laws proclaiming equality and protection for women, the context of the question is inevitably entrenched in the very …
Legality Of Autonomous Weapons: Where To Draw The Line?, Nayra Abdeltawab Ibrahim Abdeltawab
Legality Of Autonomous Weapons: Where To Draw The Line?, Nayra Abdeltawab Ibrahim Abdeltawab
Theses and Dissertations
Inspired by Koskenniemi’s work, From Apology to Utopia, this paper attempts to engage in the discussion on the legality of autonomous weapons by showing the conflicting arguments presented by advocates of each side of the debate. The paper does not aim at finding the answer to whether autonomous weapons can be lawfully deployed or not, but rather its main interest is to highlight the indeterminacy within international law that allows both advocates and opponents of banning autonomous weapons to hold to their arguments and legally defend them on basis of the same legal rules used by their adversaries to refute …
Cities Of God Under Occupation: Settler Colonial Practices And Pacification In The Favelas Of Rio De Janeiro And The Occupied Palestinian Territories, Amanda Pimenta Da Silva
Cities Of God Under Occupation: Settler Colonial Practices And Pacification In The Favelas Of Rio De Janeiro And The Occupied Palestinian Territories, Amanda Pimenta Da Silva
Theses and Dissertations
The 2002 film ‘City of God’ tells an anecdotal story of violence in the favelas of Rio de Janeiro, and is a reminder that the societies we tend to take for granted can actually be a luxury. The film portrays the daily life of the peripheries of Rio and its relation with drug trafficking, crime, and poverty, and how it has deteriorated into a war zone so dangerous that anyone risk being shot to death. Thousands of miles away from the Brazilian slums there is another so-called city of God, or the city chosen by God to be the home’s …
The Violence In Our Humanity: Principles, Action, And The Erosion Of State Sovereignty, Rasheed Idou
The Violence In Our Humanity: Principles, Action, And The Erosion Of State Sovereignty, Rasheed Idou
Theses and Dissertations
The past two decades have witnessed an increasing number of armed conflicts, both inter- and intra-nationally, and an even more increasing number of multilateral military interventions without UN Security Council authorization. Central to the discussion of these interventions are the themes of humanitarianism and state sovereignty. The aim of this thesis is to investigate the relationship between humanitarian imperatives and principles of sovereignty within the context of armed conflict to better understand the tensions that have led to the current global outcomes. In so doing, it identifies how humanitarian principles, imperatives, and actions have affected the contemporary conception of state …
Good Governance And Civil Service Reform In Egypt, Ahmed Atef Labib
Good Governance And Civil Service Reform In Egypt, Ahmed Atef Labib
Theses and Dissertations
Governments in different states and even different governments within the same state may pursue different goals. To achieve their goals they apply administrative reforms, including civil service reforms, to adjust the government for achieving the intended goals. Pursuing different goals entails applying different administrative reforms. In the 2000s, the World Bank and the International Monetary Fund (IMF) suggested the Egyptian government, through loan conditionality, an administrative and civil service reform to promote economic growth based on their concept of good governance. In this paper, I argue that the suggested reform does not target economic growth but targets debt repayment. To …
Law 96 Of 1992, Kari P. Kammel
Law 96 Of 1992, Kari P. Kammel
Archived Theses and Dissertations
No abstract provided.
Difficult Of Imagining And Accepting The Other: The Sunni In Iran And The Shi'a In Bahrain, Nermeen Essam Adel Aziz
Difficult Of Imagining And Accepting The Other: The Sunni In Iran And The Shi'a In Bahrain, Nermeen Essam Adel Aziz
Archived Theses and Dissertations
The legal basis in Iran and Bahrain whether domestic law or international law regulates and determines the government's attitude and behavior towards its people. At the same time, state's attitude affects the way in which laws are formulated and implemented at the same time. Iran and Bahrain represent two critical examples in addressing the issue of majority and minority rights and the idea of imagining and accepting the other in terms of human rights violations. The inability of imaging the other leads to human rights violations in both states. These violations are committed in one case by a majority towards …
Protection Of Internally Displaced Persons In Darfur: A Dilemma And Failure Of Responsibility To Protect., Assad Salih
Protection Of Internally Displaced Persons In Darfur: A Dilemma And Failure Of Responsibility To Protect., Assad Salih
Archived Theses and Dissertations
One of the new emerging debatable topics is protection of Internally Displaced Persons [IDPs] from suppression of their governments. The topic has not been discussed extensively. Writings that discuss protection of IDPs are not extensive and discuss it rhetorically without defining protection mechanisms. This thesis adds to the ongoing discussion by defining and examining these protection mechanisms. It will include the emergence of new concepts like â â human securityâ â and â â responsibility to protectâ â which have changed the conceptualization of state sovereignty. The thesis will use Darfur as a case study a place where many scholars …
Detention As A Deterrent: The Legal Framework And Practices Of Migration Related Detention In Germany And Austria, Henriette Hã¤Nsch
Detention As A Deterrent: The Legal Framework And Practices Of Migration Related Detention In Germany And Austria, Henriette Hã¤Nsch
Archived Theses and Dissertations
The detention of migrants and asylum-seekers on administrative grounds is common practice in Germany and Austria. Administrative detention in migration settings mainly aims at facilitating deportation procedures but can also lead to deterrence. A definition for deterrence in pre-deportation detention settings is developed in this paper and applied to three German and three Austrian court cases. In this way, it is possible to show how deterrence occurs and what it looks like. Broad discretionary powers and insufficient training for law enforcement agents, such as the immigration police, as well as vague standards and procedures, play a role in the occurrence …
Durable Solutions For Stateless Persons In Egypt, Kelly Mcbride
Durable Solutions For Stateless Persons In Egypt, Kelly Mcbride
Archived Theses and Dissertations
This piece focuses on stateless persons outside their country of origin/habitual residence who are now in Egypt. A number of stateless persons have been detained because of their illegal entry into Egypt, and because of their lack of deportability, their detention becomes indefinite. There are also a number of stateless persons who are not under the protection of the UNHCR Cairo living in Cairo, who are at risk of indefinite detention because of their lack of documentation. This is a critical analysis of the UNHCR's role in implementing their mandate, and also an understanding that ultimately it is up to …
Defining The End Of New Wars, Jeroen Jansen
Defining The End Of New Wars, Jeroen Jansen
Archived Theses and Dissertations
New wars are defined by their innate disposition to blur distinctions and human rights violations while structurally undermining the enjoyment of human rights. These wars are self-fueling human rights cataclysms that destroy society and its social contract by blurring the distinction between government, army and people. These characteristics prolong into what is perceived as post-conflict and blur the distinction between war and peace. The lack of acknowledgment and understanding of these characteristics among the actors who provide relief and seek resolution to the conflict undermines the effectiveness of their actions and the coordination among them resulting in aid gaps. The …
Should The Right To Strike Be Justified As A Civil Or Political Right?, Elham Eidarous Al-Kassir
Should The Right To Strike Be Justified As A Civil Or Political Right?, Elham Eidarous Al-Kassir
Archived Theses and Dissertations
The recognition and protection of the right to strike have seen huge developments since the beginning of the twentieth century. The traditional basis upon which this right was based on the international arena and in national jurisdictions is one that views the right to strike as an essential tool in the hands of workers and their representative organizations to strengthen their bargaining power against employers, which means that the right to strike is one of economic and social rights enjoyed by humans in their capacity as workers. Yet, there are calls for widening the basis of recognition of this right …
Rethinking Norms On Return To Urban Refugee Situations: Sub-Saharan African Refugees In Cairo And Irregular Secondary Movement To Israel, Mallory Charlotte Wankel
Rethinking Norms On Return To Urban Refugee Situations: Sub-Saharan African Refugees In Cairo And Irregular Secondary Movement To Israel, Mallory Charlotte Wankel
Archived Theses and Dissertations
The long-running controversy in international refugee law over the concept of safe third countries is particularly challenging when refugees migrate irregularly from urban settings. While urban-based refugees often face a distinct set of human rights violations, the complexity that characterizes how these abuses fit into the larger picture of urban poverty and state ineffectiveness, combined with continued ambiguity concerning the minimal standards of protection necessary to allow a state to return a refugee to a first country of asylum, allows receiving states to deny protection obligations by relying on the argument that the hardships compelling movement, if they did not …
Policy Implications Of Refugee Education In Urban Settings: A Case Study Of The Experience Of Refugee Community-Based Schools In Cairo, Dawood Mayom
Theses and Dissertations
Egypt hosts asylum-seekers and refugees originating from a large number of countries. Many refugees find themselves living in urban settings, and education and access to schools across various levels have increasingly become challenging for children. This study focuses on refugees’ education between the years 2011-2020 in Cairo. During these years, the number of students increased by five times, making the provision of education a challenging endeavor. The research aims to explore and understand the multiple barriers to Community-Based Refugee Education in Urban Egypt. This study used a qualitative case study because of its relevancy to this topic and context. The …
How Has The Practice Of Unilateral Forcible / Military Intervention ( As Evident By The Case Of Kosovo, Tanzania, And Russia) Eroded The Primacy Of Territorial Sovereignty? This Question Is Answered Through The Use Of Three Different Frameworks : 1) Legal Positivism And 2) Normative Hierarchy, 3) Third World Approaches To International Law (Twail)., Sama Eissa
Theses and Dissertations
The principle of state sovereignty; the right of states to exclusive control over their own territory, is seen as an integral part of the current international order... The whole thesis project revolves around the impact of unilateral humanitarian intervention on the primacy of territorial sovereignty. To be more specific, it explores the role played by the emerging norm of unilateral humanitarian intervention and whether or not it washed away the notion of territorial sovereignty mentioned in the UN charter. The main question the thesis project aims to answer is: How has the practice of unilateral forcible / military intervention ( …
Protection Of Internally Displaced Persons In Darfur: A Dilemma And Failure Of Responsibility To Protect, Assad Khalid Salih
Protection Of Internally Displaced Persons In Darfur: A Dilemma And Failure Of Responsibility To Protect, Assad Khalid Salih
Archived Theses and Dissertations
One of the new emerging debatable topics is protection of Internally Displaced Persons [IDPs] from suppression of their governments. The topic has not been discussed extensively. Writings that discuss protection of IDPs are not extensive and discuss it rhetorically without defining protection mechanisms. This thesis adds to the ongoing discussion by defining and examining these protection mechanisms. It will include the emergence of new concepts like â â human securityâ â and â â responsibility to protectâ â which have changed the conceptualization of state sovereignty. The thesis will use Darfur as a case study a place where many scholars …
I Can't Get No (Just) Satisfaction? An Analysis Of Monetary Awards At The European Court Of Human Rights, Karl Christopher Procaccini
I Can't Get No (Just) Satisfaction? An Analysis Of Monetary Awards At The European Court Of Human Rights, Karl Christopher Procaccini
Archived Theses and Dissertations
No abstract provided.
Primary Education, Human Rights, And Customary International Law: A Case Study Of Refugee Children In Cairo, Jennifer G Renquist
Primary Education, Human Rights, And Customary International Law: A Case Study Of Refugee Children In Cairo, Jennifer G Renquist
Archived Theses and Dissertations
No abstract provided.
Truth Commissions: A Path To Reconciliation?, May Mohamed Abdel Dayem
Truth Commissions: A Path To Reconciliation?, May Mohamed Abdel Dayem
Archived Theses and Dissertations
No abstract provided.
Legal Interpretations Of The Right To Divorce And Polygamy And The Egyptian Feminist Movement, Mozn A Hassan
Legal Interpretations Of The Right To Divorce And Polygamy And The Egyptian Feminist Movement, Mozn A Hassan
Archived Theses and Dissertations
This essay aims to analyze the project of the Egyptian feminist movement in the legal arena to achieve equality for women under the Egyptian laws focusing on the right of divorce and polygamy. lt seeks to examine the most liberal interpretations towards these two questions. The essay assesses many of the methodologies used differently from feminist groups and its focal point were the lslamic legal interpretations according to the Egyptian legal system. The essay provides an innovative classification for feminist movement in Egypt. This classification is based on criticism of other available classifications and their legal tools every group have …
The Turn To International Protection: Examining The Relationship Between Humanitarian Intervention And Internal Displacement, James I. Pearce
The Turn To International Protection: Examining The Relationship Between Humanitarian Intervention And Internal Displacement, James I. Pearce
Archived Theses and Dissertations
This study examines the relationship between two phenomena that are products of the move towards increased international protection during the 1990s.