International Humanitarian Law Commons^™

Lethal Autonomous Weapons Systems And The Principles Of Distinction And Proportionality, Nicholas Cromie

Dissertations, Theses, and Capstone Projects

Lethal Autonomous Weapons Systems (LAWS) challenge the core principles of International Humanitarian Law (IHL), distinction and proportionality, by delegating life-and-death decisions to algorithms rather than human judgment.  This dissertation examines whether LAWS can conform to these principles and, if so, under what conditions.  Through process tracing, the study traces the historical integration of disruptive weapons technologies, including chemical, biological, nuclear, and armed drones, into IHL-compliant frameworks or their exclusion via prohibition.  Each case reveals distinct pathways: outright bans for indiscriminate or inherently inhumane systems (chemical and biological weapons), normative restraint and limited acceptance despite destructive power (nuclear weapons) and phased …

Finding Luis: A Creative Nonfiction Account Of Law & Society, Jason M. Leggett

Dissertations, Theses, and Capstone Projects

This essay explores the contradictions in legal theory and human experience through creative nonfiction. Its main purpose is to argue that a truly just society requires acknowledging the profound influence of individual narratives on the law. This is supported by blending personal narratives, critical analysis, and philosophical inquiry to reveal the gap between codified law and lived realities for marginalized individuals. This unique Legal Poetics methodology employs a series of six vignettes, such as the author's and Luis's shared experiences with traumatic brain injury and the denial of justice, as data. By integrating autoethnography, law as narrative, and performativity theories, …

Beyond The Threshold Of Protection: Examining Non-Refoulement's Erosion In Contemporary Refugee Law Through The Eu-Turkey Agreement, Aya Osman

Dissertations and Theses

This thesis examines the contemporary relevance and practical implementation of the principle of non-refoulement as established in the 1951 Refugee Convention. While this fundamental principle of international refugee law prohibits the return of individuals to countries where they face persecution, torture, or human rights violations, its widespread violation by state parties raises critical questions about its continued effectiveness and the broader validity of the Convention's framework in today's global context. Through a methodological approach combining legal analysis and case studies of state practices, this paper investigates whether the 1951 framework remains valid and in effect when addressing refugee and immigration …

Identifying Intangible And Biocultural Heritage Elements Toward Environmental Understanding: Engaging Stakeholders Through Art, Martha B. Lerski

Publications and Research

Grounded in a case study in Barbuda in the Caribbean, this research examines sustainability from the perspective of what arts and heritage can contribute to community engagement and local and broader understandings about the environment. This article documents a growing body of literature recognizing the role of arts and culture, including local knowledge and traditional ecological knowledge (TEK), in climate change endeavors. Art and TEK present expansive world views. Contextual information situates research done on the island of Barbuda pre- and post-Hurricane Irma. Visual arts workshops engaged community members in mixed methods research. Results documented cultural elements, particularly intangible and …

An Analysis Of The Russo-Ukrainian War, Daniel Braslavsky

Dissertations and Theses

This thesis is a deep analysis of Russia’s aggression against and full-scale invasion of Ukraine, commonly referred to as the Russo-Ukrainian War. This is the largest conflict in Europe since WWII with devastating implications for Europe and the world. First it examines the root causes and political ideologies at play to understand why Vladimir Putin decided to launch his invasion in the first place. Then it puts together a chronological history of the war broken up into the post-Euromaidan period including the Russian annexation of Crimea and war in the Donbas (2014-22), and Russia’s full-scale invasion (2022-present). Next it reviews …

A Study Of Gender Apartheid: Afghanistan And The Islamic Republic Of Iran, Golazin Safaeimojarad

Dissertations and Theses

This thesis investigates the systemic and institutionalized forms of gender-based discrimination termed gender apartheid, focusing on Afghanistan and the Islamic Republic of Iran. It argues that gender apartheid, a severe form of discrimination where women and girls are subjugated and denied fundamental rights under institutional frameworks, and Afghanistan under Taliban rule and Iran under the Islamic Republic of Iran are two prime cases of gender apartheid. Through a qualitative research approach employing case studies and a comprehensive review of legal documents, academic materials, and reports from reputable organizations, the thesis outlines how gender apartheid is not only a direct product …

The Enduring Role Of Conflict In The Perpetuation Of Famine: Advancing 'The Right To Adequate Food' For Sustainable Peace, Robert M. Bane

Dissertations and Theses

The present thesis evaluates developments and trends in global conflict dynamics, global systems of governance, and global hunger. Together, the thesis investigates and upholds the notion that famine is a ‘man-made’ phenomenon and explains how famine persists in a world abundant with food. Through analysis and research the following is found: the occurrence of global conflict is accelerating alongside an increase in the severity of organized violence dynamics; global authoritarianism is expanding presenting a threat to global freedoms and liberal democracy; as these trends are occurring, world hunger is steadily on the rise reflecting a significant backsliding of progress achieved …

Contemporary Human Displacement: A Comparative Analysis Of Syria, Yemen, Honduras, And Venezuela, Rav Carlotti

Dissertations, Theses, and Capstone Projects

What is causing the surge in human displacement around the world? Large-scale displacement in Syria, Yemen, Honduras, and Venezuela has generated unprecedented humanitarian crises in Latin America and the Middle East as millions of displaced people end up as refugees or immigrants. Humanitarian organizations like the UNHCR and host countries have had their resources overextended by these ongoing crises, and there is no end in sight. This thesis shows that contemporary human displacement is rooted in the increasing inability of governments to manage their societies amid great political demands and socio-economics strains. These causes are difficult to tackle because they …

The Guinea-Bissau Constitutional Reform Debate, Watson Aila Gomes

Dissertations, Theses, and Capstone Projects

The enactment of law is not to be confused with the rule of law, and simply having a constitution does not guarantee political order. In Guinea-Bissau there have been calls to write a new constitution, but whether that helps Guinea-Bissau become a more stable country is questionable. Currently, there is a gap in the research of social science, history and political science examining how the processes of instability have unfolded in Guinea-Bissau. Few studies attempt to examine the correlation between a country’s stability and its constitution. A paradoxical situation exists in many countries in Africa where the political system is …

A Credible Fear: The Politics Of Gang Violence In The Northern Triangle, Jane E. Dowd

Dissertations, Theses, and Capstone Projects

This thesis will create an argument for how the victims of gang violence from the Northern Triangle nations of El Salvador, Guatemala, and Honduras qualify for asylum in the United States based on a well-founded fear of persecution. An analysis of the legal framework of the asylum system in the United States, profiles of the two largest gangs in the Northern Triangle the Mara Salvatrucha and Barrio 18, a profile of the asylum seekers arriving at the United States border, the criminal activity that the gangs engage in, and the way that this activity is political in nature will form …

Peacekeeping Operations In West Africa: Mechanisms Of Cooperation Between The United Nations And Ecowas With The Case Studies Concerning The Crises In Liberia And The Gambia, Serigne Cheikh Modou Kara Cisse

Dissertations and Theses

The African continent has significantly suffered from a great number of civil wars and armed conflicts since the beginning of the independence era in late 1960s. On May 28, 1975, the creation of a regional The African continent has significantly suffered from a great number of civil wars and armed conflicts since organization in West Africa called the Economic Community of West Africa States (ECOWAS) took place. The intent was to achieve "collective self-sufficiency" for its member states by building a full economic and trading union. In the late 1990s, the maintenance of peace and security in the region was …

The Unsuspected Francis Lieber, Richard Salomon

Dissertations, Theses, and Capstone Projects

"The Unsuspected Francis Lieber" examines paradoxes in the life and work of Francis Lieber. Lieber is best known as the author of the 1863 "Lieber Code," the War Department's General Order No. 100. It was the first modern statement of the law of armed conflict. This paper questions whether the Lieber Code was truly humanitarian, especially in view of its valorization of military necessity. Also reviewed is the contrast between the Code's extraordinarily favorable treatment of African-Americans and Lieber's personal history of slave-holding.

Lieber's shift from civil libertarian to authoritarian after 1857, as exemplified by his support of Lincoln's suspension …

Due Process And The Right To Legal Counsel For Unaccompanied Minors, Marielos G. Ramos

Dissertations, Theses, and Capstone Projects

Unaccompanied minors arriving to the United States fleeing violence and seeking protection are apprehended, detained in facilities, and placed in removal proceedings in accordance with U.S. immigration laws. Like adults, these children have to appear in immigration court to fight deportation and must apply for any form of legal relief for which they may be eligible. However, removal proceedings work as a civil and not a criminal process, and immigration laws have established that while noncitizens have the right to an attorney, they are not entitled to legal counsel at the government’s expense. This thesis examines how the denial of …

Beyond Vulnerability: Refugee Women’S Leadership In Jordan, Widad Hassan

Dissertations, Theses, and Capstone Projects

While both men and women are affected by conflicts and humanitarian crises, 80 percent of the world’s refugees and internally displaced persons are women and children, indicating that women experience conflict and war differently. The emphasis on women’s vulnerability during conflicts and humanitarian crises leads to their exclusion from leadership roles and decision-making on humanitarian programs and issues that impact them. Though women experience numerous socio-cultural barriers to exercising leadership in humanitarian settings, they have taken on important roles in emergency response and in refugee camps. This paper traces the progress of UN and humanitarian agencies recognition and development of …

Running For Ayotzinapa: A Father's Marathon To Find His Son, Gustavo Martínez

Capstones

People find a world of reasons to run marathons: to fight cancer, to raise money for a charity, to fulfill a promise. But Antonio Tizapa runs for the reason that has dictated his every waking moment for more than two years: finding his son. The story is presented through a written piece and a video short documentary. It follows Tizapa through events and races in the New York City area.

http://intl-clarke.2016.journalism.cuny.edu/2016/12/30/running-for-ayotzinapa-a-fathers-marathon-to-find-his-missing-son/

Transnational Indigenous Migration: Racialized Geographies And Power In Southern Highland Ecuador, Victoria Stone-Cadena

Dissertations, Theses, and Capstone Projects

This study examines the shifting landscape of social and economic inequalities in the remittance-dominated region of southern highland Ecuador, focusing on the transformations brought about by increased international migration since the early 2000s. The broader question is whether or not transnational migration has facilitated political and social upward mobility among indigenous communities. More specifically I ask: in what ways does indigenous identity figure in contemporary international migration practices, how does transnational indigenous migration complicate bounded notions of rural indigenous life, and how might the strategies employed by indigenous migrants transform social and economic inequalities in two small towns in the …

Unsettling: Syrian Refugees And The Struggle To Resettle, Marguerite Ward

Capstones

The federal government oversees a complex program to help Syrian refugees come to the U.S.. But the effort does not always live up to all its promises, potentially making the path more difficult for refugees striving to adapt to their new homeland.

Los Problemas De Las Fronteras Humanitarias, Miriam Ticktin

Publications and Research

Resumen:

Este texto plantea un análisis crítico del papel de los discursos y prácticas humanitaristas en nuestra concepción de la migración y en las políticas públicas desarrolladas en relación a la movilidad poblacional a través de las fronteras internacionales. Se parte de la premisa de que el humanitarismo, aunque fuera bien intencionado, puede tener efectos perniciosos sobre la situación que se vive en las fronteras, especialmente si acaba por sustituir a la justicia y a los derechos que tienen los emigrantes. Para estudiar esta paradoja, el texto analiza, sucesivamente, varios problemas asociados a la acción humanitaria: el problema con la …

Civilian Protection: The Imperative Role Of Civil Society, Collen Kelly

Dissertations and Theses

No abstract provided.

Gender Based Violence As A Continuum Of Human Rights Violations In Russia And The Czech Republic, Alena Lebron

Dissertations and Theses

Gender-based violence can take various forms – physical, sexual, psychological, and economic. Violence against women is a global public health problem and not only violates human rights, but also hampers productivity, reduces human capital, and undermines economic growth. Since the collapse of the Soviet Union in 1991, human trafficking for sexual exploitation and domestic violence have become a significant problem in post-communist countries. The fall of the Soviet Union also shaped national gender policies in post-communist countries. Despite the common challenges they face, success in implementing anti-trafficking procedures and measures against domestic violence varies from country to country.

According to …

Un Quick Impact Projects: A Stepping Stone For United Nations Missions Effectiveness Through The Creation Of A Confidence Building System, Marie Lepin

Dissertations and Theses

This thesis is focusing on the United Nations Quick Impact Projects, which were officially established as part of the UN peacekeeping missions program through the Brahimi report in 2004. Their primary purpose is to develop and strengthen the relationship between the mission and the host population. Precisely, this analysis is centering on the influence that improved relationships have on the effectiveness of a UN mission. In order to do so, the structure of this research is based on a comparative method, using interviews from the field and at the UN headquarters in New York City. The purpose of such method …

Under The Gun: Ongoing Assaults On Bahrain’S Health System, Richard Sollom, Holly G. Atkinson

Publications and Research

In February 2011, the Government of Bahrain began targeting health professionals who treated protesters. In April 2012, PHR's Richard Sollom, Deputy Director, and Holly Atkinson, MD, FACP, past President of PHR's Board and volunteer expert, authored a report showing the devastation on Bahrain's health system that have resulted from the Government of Bahrain’s continued assault on doctors, patients, and the healthcare system.

International Humanitarian Law Of Armed Conflict: A Critical Annotated Bibliography For Collection Development, Madeline Cohen

Publications and Research

This article is an annotated bibliography of selected monographs published from 2001 through 2012 in the fields of International Humanitarian Law of Armed Conflict (Laws of War) and International Human Rights Law. The aim is to provide a collection development guide for librarians and scholars in this area of international law. Key topics that are covered are: Internal conflicts, asymmetric warfare, laws of war, humanitarian intervention, treatment of insurgents, non-international armed conflict, targeted killings, terrorism, drones, robotics.