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Theses and Dissertations

Protecting women under the international humanitarian law: a study of the social, cultural, and political conditions in iraq and palestine that have an adverse affect on women.

Nour Mawloud Najeeb Fnish , Golden Gate University School of Law

Date of Award

Degree type.

Dissertation

Degree Name

Doctor of Law (SJD)

First Advisor

Professor Dr. Christian N. Okeke

Second Advisor

Professor Dr. Sophie Clavier

Third Advisor

Professor Dr. Zakia Afrin

This doctoral dissertation examines and studies the protection of women rights under International Humanitarian Law, (also “IHL”) within the context of the social, cultural and political and political conditions with particular reference to the women of Iraq and Palestine. Women in these two countries have suffered unparalleled difficulties that have been afflicted upon them by conditions of war. For a long period in the history of those countries, women as indispensable managers of their families have had to contend with varying challenges necessitating protection under international humanitarian law. This is even more required during periods of war and armed conflicts.

Chapter I opens with a brief definition of International Humanitarian Law, of which there are at least a half dozen working definitions; thereafter follows, a short discussion of each of several documents that have relevance to international humanitarian law. These include one of the oldest documents known. It was actually a stone slab, into which was chiseled several hundred codes pertaining to and governing the citizens of ancient Babylon. Next we shall go to ancient India and consider a volume of her most ancient texts: the Laws of Manu, over 2500 years old; this text regulated affairs of domestic, social and religious life, among many other facets of life in India. Then, we get to the Christian era, where the most avid teachers of a new religion taught having respect for others as if they were your sister or brother. This chapter also presents an overview of early Islamic Law, as well as, the Magna Carta, the latter being a giant step forward for humanitarian concerns in Western Europe. Chapter I concludes with a survey of the all-important Hague and Geneva Conventions, the Additional Protocols to those four Conventions, and finally the Universal Declaration of Human Rights, and the International Covenant on Civil and Political Rights. Chapter One provides the background against which we consider the rights of women, and to some extent, civilians, whether man, woman, or child.

Chapter II provides a brief descriptive survey of general protection of civilian women. It provides case examples of Iraqi and Palestinian women prisoners; discusses general protection of civilian women under the 1977 First Additional Protocol, principles of protection of civilian women under the Four Geneva Accords, the Additional Protocols and the United Nations, and introduces the Convention on the Elimination of all Forms of Discrimination against women, 1979, as well as the 1995 Peking Declaration and Women’s Special Protocol.

Chapter III highlights the special protection for women as prisoners of war, and during various military operations. The concerns here change depending on whether women are only civilians, or are participating in military operations, which include the very controversial suicide bombing. This chapter delves into several areas of research, among them, treatment of detained and jailed women. Chapter IV continues with discussion of protecting women from capital punishment, and most particularly, the prohibition of capital punishment against pregnant women, women with children, and children themselves.

Chapter V discusses other protections of women, including special aid and assistance rights commensurate to their needs based on their gender. This chapter discusses negative and positive provisions. The negative provisions state what not to do, such as carry out military attacks on women and other civilians, and the positive state what should be done; such as provide adequate food, water, and shelter.

Chapter VI discusses protecting women from the harms of military combat. The chapter points to the relevant international agreements that list and provide for protections against listed war crimes. Here we explore the more common convention base remedies, which include compensation, as they pertain to those crimes, and other misbehavior. This chapter also explores national agreements designed to help women in both Iraq and Palestine. In Chapter VII we take a look at the current conditions that women in Iraq have been enduring for the past fifty years, and more so during the past thirty years, which have been three decades of war along the Persian Gulf. We shall find that the consequences of those wars have been emotionally, psychologically and spiritually devastating upon the Iraqi women. In Chapter VIII, the final section, we retrace our steps through the previous seven chapters, highlighting the main themes. Here, we shall set out recommendations for the International Law, and more general recommendations for the International Law, as well.Towards this end, we suggest ways in which the international community might influence the proper treatment of women, generally in the direction of greater peace despite likely constraints on the resources available for exerting such influence. Knowing that leaders have not been able to shoulder this burden of protecting women around the world, we conclude with an appeal to all to take part in the endeavor of protecting women around the world.

This work is also available in book format from Vandeplas Publishing at: https://vandeplaspublishing.com/store/product.php?productid=163&cat=0&page=1

Recommended Citation

Fnish, Nour Mawloud Najeeb, "Protecting Women Under the International Humanitarian Law: A Study of the Social, Cultural, and Political Conditions in Iraq and Palestine That Have an Adverse Affect on Women" (2013). Theses and Dissertations . 43. https://digitalcommons.law.ggu.edu/theses/43

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International Humanitarian Law

Is international humanitarian law an appropriate legal framework through which to fight against terrorism, how international humanitarian law deals with terrorism.

According to Jean Pictet, international humanitarian law constitutes a critical part of international public laws which largely focuses on the maintenance of humane ideals and protection of individuals in times of war. It is a “body of principles and norms intended to limit human suffering in times of armed conflict and to prevent atrocities” (Conte, 377). The international humanitarian law comprises of international treaty and customary law. Its main objectives involve protecting persons who are no longer taking part in the hostilities (such the sick, wounded as well as civilians) and restricting the parties the methods of warfare between parties to a conflict (Conte, 377). On the other hand, terrorism is defined as violence or threat to violence against the lives, property and wellbeing of innocent civilians (Gasser, 553).

The International humanitarian law neither provides an explicit definition of terrorism nor does it attempt to address the issue of terrorism directly. This may be due to the fact that terrorism, as a social phenomenon, has many aspects which vary from case to case (Gasser, 552). However, the law prohibits numerous acts committed in armed conflict, which would otherwise be considered as acts of terrorism if they were committed in times of peace (Conte, 378). Therefore, the international humanitarian law deals with terrorism in its capacity to deal with armed conflict.

While dealing with the issue of terrorism, the law seeks to draw a distinction between legitimate violence and acts of terrorism. According to the international humanitarian law, the right to use force or commit acts of violence in armed conflict is restricted to the armed forces, which preserve the right to choose the means of warfare (Gasser, 554). Additionally, such violence should only be directed to the armed forces of the other party and not the civilian population. In light of these provisions, the use of illegal means of warfare such as terrorism against ordinary civilians amounts to a crime which is punishable at the domestic and the international level.

When does terrorism amount to armed conflict?

The human international law, through the four Geneva conventions and two protocols identifies four categories of armed conflict; international armed conflict or occupation, wars of national liberation or self determination, non international armed conflict under common article 3, and non international armed conflict under additional protocol 2 (Conte, 378). Some people hold the view that terrorism does not amount to armed conflict because terrorism involves sudden peaks in violence with specific targets while armed conflict develops over a long period of time. In this view, terrorist actions cannot be qualified as armed conflict. However, terrorism acts can be perpetrated during war, and organized terrorists actions can initiate armed conflict.

Terrorism may amount to armed conflict as states retaliate against each other through terrorist attacks. The relationship between terrorism and armed conflict is also constantly evident in numerous warring situations. Terrorism may occur in the context of an ongoing protracted conflict, or lead to military intervention and war. Additionally, terrorism acts may result due to a reaction as a result of intervention in international armed conflict, which further intensifies an international armed conflict. In all these cases, terrorism serves to precipitate armed conflict or intensify an already existing armed conflict.

Are the rules of international or non international armed conflict applicable?

The rules of international and non international armed conflict apply to cases of terrorism in so far as such acts of terrorism occur in the context of armed conflict (Gasser, 555). Since the rules emphasize on the protection of civilian rights, it ensures that any actions that are directed towards the destruction of civilian property and lives, are not perpetrated. Since terrorism is an action that is directed towards the prohibited acts, it is deemed illegal according to the international humanitarian law, making the laws governing international and non international armed conflict relevant in cases of terrorism.

Other provisions of humanitarian law are also relevant in determining the role of international humanitarian law on terrorism. Such provisions include rules governing the protection of cultural property against hostile acts as well as legal protection often awarded to property containing dangerous forces. In the case provided, the state intends to fight against terrorism following a series of attacks on its military as well as its civilian population. However, the applicability of the law of armed conflict in the protection of the members of the armed forces is not self evident because what may appear to be a terrorist act in a civilian case may not appear to be so in the case of armed forces exchanges (Gasser, 557). However, given that the IHL law prohibits the use of weapons to cause unnecessary suffering to members of the opposing party indicates that terrorism acts against members of the military may be considered a crime (Gasser, 557)

Relevant legal rules to evaluate the question of collateral damages

According to the Merriam Webster dictionary, collateral damage refers to “an injury inflicted on something other than the intended target;” with specific reference to civilian casualties of a military operation (Catherwood & Horvitz, 87). In this case, military’s airplane attacks lead to death of civilians and the destruction of property owned by innocent civilians. Legally, collateral damage should involve unavoidable and unplanned damage to civilian personnel and property incurred while attacking a military objective. Therefore, the military is prohibited from engaging in actions for which they are entirely certain that they will result in massive collateral damages.

The international law does not prohibit collateral damage per se, since it is quite difficult to enact laws that prohibit accidents. However, international law relating to armed conflict restricts indiscriminate attacks that can potentially inflict harm to innocent civilians and their property. Indeed, the international humanitarian law dictates that an attack should be cancelled or suspended if it is expected to cause loss of civilian life or property that “would be excessive in relation to the concrete and direct military advantage” (Catherwood & Horvitz, 87). Article 51 further prohibits attacks using weapons whose impacts cannot be properly controlled.

The international humanitarian law further requires that in an international conflict, constant care should be taken to ensure that the civilian population is protected as well as their property. In this case, the military’s plane attack clearly fails to protect the civilians, who in turn lose their lives as well as their property. Consequently, on the face value, such military action may be considered as legally unjustifiable since the consequences were easily predictable. However, in order for such military action to be considered justifiable, the executors must demonstrate that the loss incurred by the civilian populations is insignificant compared to the loss that the state would have incurred if they had failed to retaliate.

Criteria for evaluating whether collateral damages are unlawful

Evaluating and assessment of collateral damages poses a number of challenges owing to the fact that both direct and indirect impacts of such actions must be weighed in order to determine their legality. The most common means of evaluation involves weighing the military necessity and the principle of proportionality against the collateral damages. The combination of the two principles gives rise to the conclusion whether such actions are legally justifiable or not. If the military action is deemed necessary in order to prevent the occurrence of a national crisis, and if the cost incurred during such actions is substantially low compared to the cost of inaction, then such military action is considered legally justifiable.

The direct and indirect impacts of such military actions should not lead to massive violation of human rights. The direct impacts refer to loss of lives and property during military actions. The indirect effects include long term medical trauma, illnesses and impact on the affected families. Military actions should be designed to protect the lives of civilians and not destroy them. Consequently, military actions that lead to destruction of civilians’ lives and property are obviously questionable in a court of law. However, if in this case, the loss of lives was unavoidable, probably because the plane contained terrorist who were set to perpetrate terrorism acts that would lead to massive losses of lives in the country including those of the civilians in the aircraft, then such military attacks would be justifiable.

The principle of discrimination forbids indiscriminate attacks that are not directed at a specific military action. Based on this principle, a military action must be necessitated by the need to accomplish at a specific military objective. Additionally, the principle dictates that parties to a conflict direct their operations against combatant and military objectives rather than property, persona and places. Therefore, military actions that are not motivated by a specified objective may be viewed as illegal.

Can military operations be launched against a military objective if children are surrounding it?

International law has created provisions which ensure the protection of the most vulnerable members of the population, including women and children, and prohibits actions that are aimed inflicting suffering to such members of the population. Additionally, other international laws relating to respect for human rights in armed conflict offer important guarantees for the protection of children in such incidences. Moreover, international law clearly stipulates that states and military forces actively spare children as well as women from the ravages of war. This is done by ensuring that children are protected against persecution, torture, punitive measures, degrading treatment and violence in the event of war.

Given the emphasis that is placed on the protection of children in armed conflicts, military forces may refrain from launching military operations against a military objective that involves children. The law clearly states that children should be subjected to special respect and protection during war, and should not be involved in direct hostilities during war. Consequently, the military should not direct their actions against children in their efforts to attack the other party. In fact, children who are orphaned or separate from their families in the event of war should, with the consent of the protecting power, be evacuated to a neutral region until such a time that the war subsides. Additionally, parties to the conflict are expected to ensure that children below the age of fifteen are excluded from taking part in direct hostilities and should not be recruited in the armed forces. These regulations remain valid for both international and non international armed conflict.

Rules governing the delivery of humanitarian aid in a non international armed conflict

According to article 18 of additional protocol 2 of the international humanitarian law, individuals subjected to armed conflict have a right to humanitarian assistance, and the parties to such conflict are under obligation to accept such humanitarian relief, which is critical for the survival of the population (Stoffels, 519). The civilians’ right to humanitarian assistance thrives from the principle of inviolability. States are obligated to ensure wellbeing and demonstrate respect for life and humanity for all individuals residing within their territories (Stoffels, 517). In this light, states must refrain from violating individual rights and must embrace measures necessary to ensure that such rights are not abused. This implies that states have a duty to ensure that civilians affected by armed conflicts are adequately supplied with resources critical, for their survival during such warring periods. If the state is not in a position to do so, then it should allow third parties to provide humanitarian aid to the affected population.

The humanitarian organization also have the right to provide humanitarian assistance, which entails the right to provide victims with relief supplies needed for their survival, as well as the right that such offer of aid not to be unreasonable denied by the concerned authorities (Stoffels, 521). States and other parties to the conflict are obligated to permit entry, passage, and access of humanitarian aid in their territories. In this light, states must authorize entry and passage of humanitarian aid for the affected populations, parties to the conflict must not obstruct such humanitarian efforts and the affected parties must actively ensure that humanitarian assistance is offered effectively, and that the humanitarian actors and their supplies are safe and secure (Stoffels, 521)

Humanitarian assistance is deemed acceptable if it adheres to the basic principles of humanitarianism, impartiality and neutrality. If the humanitarian assistance does not comply with these principles, and favors one party to the conflict over the other, the parties involved are at discretion to decline or sign authorization for such assistance. In such cases, humanitarian assistance is not protected as such under International humanitarian law (Stoffels, 539).

Authorization for the delivery of humanitarian aid

Historically, a state’s involvement in internal armed conflict is viewed as an issue that the international community should not interfere with, given that each country is considered to be a sovereign state (Dungel 1). Additionally, the responsibility to ensure proper nourishment and wellbeing of the civilians rests on the hands of the state. Therefore relief societies should only play an auxiliary role in assisting state authorities in the execution of this task (Dungel 1). According to this argument therefore, State A would require authorization from State B in order to distribute relief food to the rebel held area. Indeed, the international humanitarian law, in article 18 stipulates that, humanitarian organizations “have a right of initiative in offering relief actions” and that if civilians are suffering undue hardships owing to a lack of supplies essential for survival”, relief action should be undertaken but under the consent of the relevant authority (Dungel 1). Clearly, under these provisions, the authorization by the affected state is critical in enabling humanitarian actors to effectively deliver relief.

In this case, such authorization potentially threatens the principle of neutrality given that the region in question is that which is held by the rebels. Since the IHL stipulates that such authorization be provided by “high contracting power concerned” which is the government, it may be reluctant to authorize humanitarian aid provision in such areas (Dungel 1). Therefore, since the rebel group has de facto control over the territory in question, it is rational that the party be considered as a high contracting power. Therefore, authorization by state extends to the point where such aid is transported over the territory in which it controls, while the authorization for delivery of aid to the rebel held area lies in the hands of the rebel group.

Principals governing humanitarian aid

Humanitarian principles, in their broadest sense are based on international humanitarian law, and are designed to guide the work of humanitarian actors. The four key principles are; humanity, neutrality and impartiality.

Humanitarianism is founded on the basic principle of humanity, which according to the Red Cross is the desire “to prevent and alleviate human suffering wherever it may be found…to protect life and health and to ensure respect to the human being” (Volberg, 51). Under this principle, organizations, governments, military force s, among other institutions may feel obligated to provide aid to civilians affected by an emergency, and have a moral responsibility towards other members of humanity. Their main aim is to alleviate human suffering and contribute towards protection of life, health, wellbeing, and respect for human life. In this case, the military decision to provide humanitarian aid while at the same time providing military assistance may be driven by humanity considerations, in which the military is motivated to do so with the aim of alleviating human suffering for civilians.

According to the principle of neutrality, humanitarian actors should remain neutral in the conflict, and should not take sides with either of the conflicting parties. This ensures that organizations provide aid to all victims without any exceptions. Based on the principle of neutrality, the humanitarian actors should first and foremost focus on the material needs of the civilians while remaining distant to the political or social issues that have precipitated the armed conflict. However, in this case, State A’s military is already offering military assistance to one the parties to the non international armed conflict, which significantly compromises the neutrality of State A.

In conclusion, the principle of impartiality dictates that humanitarian actions are carried out based on the need, giving priority to the most urgent humanitarian needs. The principle of impartiality rejects discrimination and subjective distinctions in the provision of humanitarian aid. In this case, State A provides military assistance and later decides on distributing humanitarian aid , which raises the questions whether their actions are solely guided by the needs of the civilians, and whether the state has given priority to the most urgent cases of distress.

Catherwood, Christopher & Horvitz, Alan Leslie, encyclopedia of wars and genocide, New York: InfoBase Publishing Group.

Conte, Alex. Human rights in the prevention and punishment of terrorism, New York: Springer. 2010. Print.

Dungel, Joakim, a right to humanitarian assistance in internal armed conflicts respecting sovereignty, neutrality and legitimacy: practical proposal to practical problems.

Gasser, Hans-Peter , Acts of terror, “terrorism” and international humanitarian law, International Review of the Red Cross, volume 84 No 847. 2002.

Stoffels, Ruth Abril. Legal regulations of humanitarian assistance in armed conflict: achievement and gaps, International Review of the Red Cross, volume 86 no 855. 2004.

Volberg, Thorsten. The politicization of humanitarian aid and its effects on the principles of humanity, impartiality and neutrality , GRIN Verlag. 2007 Print.

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Foreign and International Law: Topics: Human Rights

• Arbitration
• Comparative Civil Procedure
• Constitutions and Constitutional Law
• Criminal Law and Criminal Tribunals
• Elections and Political Participation
• Environment
• Foreign Investment
• Global Warming
• Health and Population
• History and Government

Human Rights

• Humanitarian Law
• Immigration
• Indigenous Peoples
• Intellectual Property
• International Affairs
• International Business
• International Law
• International Security
• International Sports Law
• International Taxation
• International Trade
• Law and Economics
• Law Reform Commissions
• Legal Information Institutes
• Reference-General Sources
• Refugees/Asylum
• Statistics/Data Archives

Topics in Foreign and International Law

• Reference--General Sources
• Amnesty International Under Library link find text of annual reports, campaign reports, publications arranged by country, country reports from 1994, and selected thematic reports and news releases.
• ASIL Electronic Resource Guide: International Human Rights Prepared by Marci Hoffman, Lecturer in Residence; Associate Director, Law Library; International & Foreign Law Librarian University of California, Berkeley School of Law Library (updated in 2011).
• Bibliography for Research on International Human Rights Law Univ. of Minnesota Human Rights Library. By Marci Hoffman and David Weissbrodt.
• European Court of Human Rights Full-text judgments are only available from October 1996 to date, with a list of decisions from 1959. Information on pending cases, basic texts including European Convention on Human Rights and its protocols, and the Rules of Court. Speeches and press releases also available.
• The European Human Rights System On GlobaLex. By James W. Hart (2011).
• The Exploitation of Women and Children: A Comparative Study of Human Trafficking Laws between the United States-Mexico and China-Vietnam On GlobaLex. By Christina T. Le (2013).
• FINDOC database From the Institute for Human Rights in Finland. Has entries for books, articles and seminar reports from 1966 on.
• Human & Constitutional Rights, Columbia University International conventions, comparative law bill rights collections, country, regional and international sections. No longer updated as of March 2008.
• Human Rights Organizations Database The Human Rights Organizations Database is Human Rights Internet's most comprehensive listing of institutions working in the field of human rights
• Human Rights Library The University of Minnesota Human Rights Library houses one of the largest collections of more than eighty-five thousand core human rights documents, including several hundred human rights treaties and other primary international human rights instruments. The site also provides access to more than four thousands links and a unique search device for multiple human rights sites.
• Human Rights Watch Human Rights Watch, the largest human rights organization based in the United States, conducts fact-finding investigations into human rights abuses in all regions of the world, issues reports, and generates global attention on the situtation. Site has information by country and by topic.
• Inter-American Human Rights Database In English and Spanish. From the Center for Human Rights and Humanitarian Law at the Washington College of Law, American University. Collection of documents adopted by the Inter-American Commission on Human Rights since its first session in 1960. Available in both English and Spanish versions. Contains reports on the Commission's individual cases and reports of its early work sessions, and will eventually include special country reports and thematic reports.

• The Inter-American System of Human Rights: A Research Guide On GlobaLex. By Cecilia Cristina Naddeo; update by Francisco A. Avalos (2016).
• International Centre for the Legal Protection of Human Rights INTERIGHTS defends and promotes human rights and freedoms worldwide through the use of international and comparative law.
• International Human Rights Research Guide On GlobaLex. By Grace M. Mills (2014).
• A Review of the Progressive Development of International Human Rights Framework on Capital Punishment By Michelle Miao.
• United Nations High Commissioner for Human Rights Includes documents, publications and a searchable Treaty Bodies Database. The database was established to monitor the implementation of human rights treaties and can be searched by treaty, country, symbol, or type.
• U.S. Committee for Refugees and Immigrants Searchable database of country conditions and statistics from its annual World Refugee Survey of 120 countries. Full-text articles on such topics as detention, internally displaced persons, repatriation, religious persecution, women and child, safe havens, etc. are also available.
• Women in International Law: Research Resources Prepared by Lyonette Louis-Jacques of the University of Chicago Law Library. Last updated 2002.

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• URL: https://guides.library.cornell.edu/ficl_topics

International Law Research Paper Topics

This page presents a comprehensive collection of international law research paper topics , curated to aid students studying law in their research endeavors. International law is a multifaceted field with diverse areas of study, and this page aims to provide students with an extensive list of topics that can serve as a foundation for their research papers. By exploring these topics, students can delve into various aspects of international law, such as human rights, criminal law, environmental law, trade law, and humanitarian law, among others. This page also offers insights into how to choose compelling international law research paper topics, tips on writing a coherent and impactful paper, and highlights the custom international law research paper writing services provided by iResearchNet. The ultimate goal is to empower students to embark on an enriching and successful academic journey in the realm of international law research.

100 International Law Research Paper Topics

International law encompasses a vast array of subjects, reflecting the intricate and interconnected nature of global affairs. As students of law, exploring these topics can open new horizons and deepen their understanding of how international legal frameworks shape our world. This comprehensive list presents 10 categories, each comprising 10 diverse and thought-provoking international law research paper topics. Whether you are interested in human rights, environmental protection, trade regulations, or armed conflicts, these topics offer a wealth of opportunities for academic exploration and intellectual growth.

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• The Universality of Human Rights: A Global Perspective
• Human Rights and Armed Conflicts: Challenges and Protections
• Gender Equality and Women’s Rights in International Law
• The Role of Non-Governmental Organizations (NGOs) in Promoting Human Rights
• Freedom of Speech and Expression in the Digital Age
• Human Rights Violations and the Responsibility to Protect (R2P)
• Children’s Rights and Child Protection Laws Internationally
• The Right to Asylum: Refugee Protection and International Law
• Combating Human Trafficking: International Legal Frameworks
• Indigenous Peoples’ Rights and Cultural Heritage Preservation
• Climate Change and Global Efforts for Environmental Protection
• Biodiversity Conservation and the Convention on Biological Diversity
• Sustainable Development Goals (SDGs) and Environmental Justice
• Transboundary Pollution and International Liability
• The Role of International Courts and Tribunals in Environmental Disputes
• The Precautionary Principle in International Environmental Law
• Oceans Governance and the Protection of Marine Resources
• International Agreements on Wildlife Conservation and Endangered Species
• Indigenous Peoples and Environmental Rights: Perspectives and Challenges
• The Economics of Environmental Protection: Balancing Trade and Conservation
• World Trade Organization (WTO) and the Multilateral Trading System
• Free Trade Agreements (FTAs) and Regional Economic Integration
• Investor-State Dispute Settlement (ISDS) Mechanisms in Trade Agreements
• Intellectual Property Rights and International Trade
• Trade and Labor Standards: Addressing Social Issues in Global Commerce
• Environmental Protection in International Trade: Conflicts and Synergies
• Trade Remedies: Anti-dumping, Countervailing, and Safeguard Measures
• Trade Liberalization and Economic Development: Case Studies
• Cross-Border E-Commerce and Digital Trade Regulations
• Challenges of Trade in Services: Legal and Regulatory Perspectives
• The International Criminal Court (ICC) and Its Role in Ending Impunity
• Prosecuting War Crimes and Crimes Against Humanity: Legal Challenges
• Genocide Prevention and the Responsibility to Prosecute
• The Evolution of International Criminal Law: From Nuremberg to the ICC
• The Principle of Universal Jurisdiction: Holding Perpetrators Accountable
• Truth and Reconciliation Commissions in Post-Conflict Societies
• The Role of the United Nations in Combating International Crimes
• War Criminals and Refugees: The Intersection of Criminal and Migration Law
• Cyberwarfare and the Application of International Criminal Law
• Combating Terrorism: Legal Approaches and Human Rights Concerns
• The Geneva Conventions and the Protection of War Victims
• Targeted Killings and Drones: The Legal Challenges of Modern Warfare
• The Principle of Proportionality in Armed Conflicts
• War Crimes and Accountability in Non-International Armed Conflicts
• The Protection of Cultural Property in Armed Conflicts
• Autonomous Weapons and the Ethics of Lethal Autonomous Systems (LAS)
• The Role of National Courts in Prosecuting War Crimes
• The Humanitarian Impact of Economic Sanctions and Trade Embargoes
• Children in Armed Conflicts: From Recruitment to Rehabilitation
• Humanitarian Assistance and the Challenges of Providing Aid in Conflict Zones
• Comparative Constitutional Law: Analyzing Different Legal Systems and Their Impact on Global Governance
• The Role of International Law in Shaping Domestic Constitutions
• Constitutional Design and State Building in Post-Conflict Societies
• Human Rights and Constitutional Protections: Assessing the Impact of International Treaties
• Constitutionalism and the Rule of Law: Ensuring Effective Governance in International Relations
• Judicial Independence and the Enforcement of Constitutional Rights in International Contexts
• The Impact of International Institutions on National Constitutions
• The Right to Privacy in the Digital Age: Balancing National Security and Civil Liberties
• Federalism and the Division of Powers in Constitutional Design
• The Role of Constitutional Courts in Protecting Democratic Principles
• Cross-Border Mergers and Acquisitions: Legal and Regulatory Challenges
• International Commercial Arbitration: Enforcement and Recognition of Awards
• Corporate Social Responsibility (CSR) and Multinational Corporations
• Foreign Investment Protection and Bilateral Investment Treaties (BITs)
• International Contract Law and Choice of Law Clauses
• Dispute Resolution in International Trade: Litigation vs. Arbitration
• Intellectual Property Rights and International Business Transactions
• International Trade Law and the World Trade Organization (WTO)
• Corporate Governance and Compliance in International Business
• Environmental and Social Responsibility in International Business
• Double Taxation Treaties: Legal Implications and Challenges
• Transfer Pricing and Base Erosion and Profit Shifting (BEPS)
• Tax Havens and Their Impact on Global Taxation
• Taxation of Digital Economy and E-commerce Transactions
• Taxation of Multinational Corporations: Fairness and Equity Concerns
• Tax Avoidance vs. Tax Evasion: Legal Distinctions and Consequences
• Taxation of Foreign Source Income and Territorial vs. Worldwide Tax Systems
• Developing Countries and International Taxation: Bridging the Gap
• The Role of International Organizations in Shaping Global Tax Policies
• Addressing Tax Challenges Arising from the COVID-19 Pandemic
• The United Nations Convention on the Law of the Sea (UNCLOS) and Its Implementation
• Maritime Boundaries and Dispute Resolution in the South China Sea
• Exclusive Economic Zones (EEZ) and Marine Resource Management
• Freedom of Navigation and Maritime Security in the Indian Ocean
• Environmental Protection in the High Seas: Addressing Pollution and Overfishing
• Piracy and Armed Robbery at Sea: Legal Responses and Jurisdictional Challenges
• Submarine Cables and Cybersecurity in International Waters
• The Role of International Tribunals in Resolving Maritime Disputes
• Deep Sea Mining and the Regulation of Exploitation of Marine Resources
• Indigenous Rights and Traditional Knowledge in Marine Conservation
• Diplomatic Negotiations and Conflict Resolution in International Relations
• The Role of Mediation in Resolving International Disputes
• International Arbitration: Institutional Frameworks and Best Practices
• The Use of Force and Armed Conflict: Legal Perspectives on Peacekeeping
• Compliance with International Court Judgments and Decisions
• The Settlement of Territorial Disputes: Case Studies and Legal Approaches
• The Role of Non-State Actors in International Conflict Resolution
• The Legality of Targeted Sanctions and Economic Coercion
• The Use of International Courts and Tribunals in Human Rights Disputes
• The Role of Regional Organizations in Conflict Mediation and Resolution

In conclusion, the field of international law offers a vast array of research topics that delve into critical global issues, ranging from human rights and environmental protection to trade and business regulations. Scholars and students of law can explore the complexities of international relations, the challenges of cross-border disputes, and the ever-evolving legal frameworks that shape the international community. The comprehensive list of international law research paper topics provided above serves as a starting point for students to delve deeper into their areas of interest and contribute to the understanding and development of international law. Through diligent research and critical analysis, they can further advance the principles of justice, equality, and cooperation on the global stage.

Exploring the Range of International Law Research Paper Topics

International law is a complex and dynamic field that governs the interactions between nations and other actors in the global community. As a crucial component of the global legal system, international law encompasses a diverse range of topics that have significant implications for peace, security, human rights, trade, and cooperation among nations. Researching international law research paper topics offers students a unique opportunity to delve into the intricacies of international relations, diplomatic relations, and the role of international organizations in promoting peace and stability.

• The Sources of International Law : This topic explores the various sources of international law, including treaties, customary international law, general principles of law, and decisions of international courts and tribunals. Students can investigate the hierarchy of these sources and their application in resolving disputes between states.
• International Human Rights Law : This area of international law deals with the protection and promotion of human rights on a global scale. Research topics may cover issues like the role of international human rights organizations, the enforcement of human rights treaties, and the impact of human rights violations on international relations.
• International Humanitarian Law : Also known as the law of armed conflict or the law of war, this branch of international law governs the conduct of parties during armed conflicts. Students can explore topics such as the protection of civilians in armed conflicts, the use of force in self-defense, and the prosecution of war crimes.
• International Environmental Law : With growing concerns about climate change and environmental degradation, international environmental law has become increasingly relevant. Research topics may include international agreements on climate change, biodiversity conservation, and the responsibility of states for transboundary environmental harm.
• International Criminal Law : This field focuses on the prosecution of individuals for international crimes, such as genocide, crimes against humanity, and war crimes. Students can investigate the role of international criminal tribunals, the challenges of obtaining evidence in international cases, and the pursuit of justice for victims of international crimes.
• International Trade Law : International trade is essential for global economic development and cooperation. Research topics in this area may cover international trade agreements, dispute settlement mechanisms in trade disputes, and the impact of trade policies on developing nations.
• Law of the Sea : This branch of international law governs the use and protection of the world’s oceans and resources. Students can explore topics such as the rights and responsibilities of states in their maritime zones, the protection of marine biodiversity, and the resolution of disputes over territorial waters.
• International Investment Law : As globalization continues to shape economic relationships, international investment law has gained prominence. Research topics may include the regulation of foreign direct investment, investor-state dispute settlement mechanisms, and the balance between investor rights and host state regulatory powers.
• International Arbitration and Mediation : International dispute resolution is essential for maintaining peaceful relations among states. Students can explore topics such as the effectiveness of international arbitration and mediation in resolving conflicts, the role of international organizations in facilitating dispute resolution, and the enforcement of arbitral awards.
• Cybersecurity and International Law : With the rise of cyber threats and cyber warfare, international law has grappled with issues of cyber sovereignty, cyber espionage, and the application of existing legal principles to cyberspace. Research topics may delve into the challenges of attributing cyber-attacks, the development of international norms for responsible state behavior in cyberspace, and the protection of human rights in the digital age.

In conclusion, international law offers a vast array of research paper topics that reflect the complexities and challenges of the global legal landscape. As students delve into these topics, they gain a deeper understanding of the intricacies of international relations, human rights, trade, and conflict resolution. Exploring the multifaceted nature of international law research allows students to critically analyze the role of law in shaping the conduct of states and the broader international community, fostering a deeper appreciation for the significance of international law in today’s interconnected world.

How to Choose International Law Research Paper Topics

Selecting a compelling and relevant research paper topic is essential to the success of any academic endeavor. In the context of international law, choosing the right research topic requires careful consideration of various factors that can shape the scope and impact of the research. Whether you are a law student, an aspiring international lawyer, or a researcher interested in global legal issues, the following guide provides valuable insights on how to choose international law research paper topics that are engaging, insightful, and contribute meaningfully to the field of international law.

• Identify Your Area of Interest : International law is a vast and diverse field encompassing numerous sub-disciplines, including human rights law, environmental law, international trade law, and more. Start by identifying your specific area of interest within international law. Reflect on the subjects that intrigue you the most and the issues you are passionate about. This will serve as the foundation for selecting a research topic that resonates with your academic and professional aspirations.
• Stay Abreast of Current Developments : International law is constantly evolving to address contemporary global challenges and opportunities. Keeping up to date with current international legal developments, landmark cases, and significant treaties and agreements can provide valuable inspiration for research topics. Consider exploring emerging issues and debates in the field, as these can offer unique opportunities for original research and innovative insights.
• Analyze Relevant Legal Frameworks : International law operates within a complex web of legal frameworks, including treaties, conventions, and customary international law. Analyzing these legal sources can help you identify gaps, contradictions, or areas where further research is needed. Topics that delve into the interpretation and application of international legal instruments can add depth and value to your research.
• Consider Timeliness and Relevance : A relevant and timely research topic is more likely to capture the attention of readers and contribute to ongoing discussions in the field. Consider the significance of your chosen topic in the context of current global events, policy debates, or emerging challenges. Topics that address pressing international issues, such as climate change, human rights violations, or cybersecurity threats, can have a significant impact on both academic and policy circles.
• Review Existing Literature : Conduct a thorough literature review to understand the existing body of research on your chosen topic. This will help you identify gaps in the literature that you can explore in your research. Additionally, reviewing existing studies can provide insights into the methodologies and approaches used by other researchers, informing your own research design.
• Balance Complexity and Feasibility : While it is essential to select a topic that reflects the complexities of international law, it is equally important to ensure that your research is feasible within the scope and limitations of your academic assignment or project. Avoid overly broad or ambitious topics that may be challenging to address comprehensively within the available time and resources.
• Consult with Professors and Experts : Seek guidance and advice from your professors, academic advisors, or experts in the field of international law. They can provide valuable insights into potential research topics, relevant literature, and methodologies. Engaging in discussions with experienced scholars can help refine your research question and add depth to your analysis.
• Focus on Practical Implications : Consider the practical implications of your research topic in the real world. How might your findings impact international relations, legal practices, or policymaking? Research that offers practical solutions to global challenges or sheds light on pressing legal issues can have a more significant impact on the field of international law.
• Address Controversial Issues : International law often involves contentious and complex topics that evoke strong opinions and debates. Embracing controversial issues can lead to thought-provoking research that challenges existing norms and perceptions. However, ensure that you approach such topics with sensitivity and a commitment to unbiased analysis.
• Conduct a Preliminary Study : Before finalizing your research topic, conduct a preliminary study to gather relevant information and assess the availability of data and resources. This will help you determine whether your chosen topic is viable and whether you can access the necessary materials to conduct a comprehensive study.

In conclusion, choosing the right international law research paper topic is a critical step in producing a successful and impactful piece of academic work. By identifying your area of interest, staying informed about current developments, analyzing legal frameworks, and considering the timeliness and relevance of your topic, you can select a research question that is both intellectually stimulating and practically significant. Engage with existing literature, seek guidance from experts, and balance the complexity and feasibility of your research to ensure a rewarding and insightful exploration of international law issues.

How to Write an International Law Research Paper

Writing an international law research paper requires careful planning, rigorous research, and a structured approach to presenting your arguments and findings. Whether you are a law student or a seasoned researcher, mastering the art of academic writing in the field of international law is essential to communicate your ideas effectively and contribute to the broader legal discourse. This section provides a comprehensive guide on how to write an international law research paper, from choosing a suitable research question to crafting a well-organized and persuasive paper.

• Define Your Research Question : The first step in writing an international law research paper is to define a clear and focused research question. Your research question should be specific, relevant, and aligned with your area of interest within international law. It should address a significant legal issue or gap in the literature and demonstrate your research objectives.
• Conduct a Thorough Literature Review : Before diving into your research, conduct a comprehensive literature review to understand the existing scholarship on your chosen topic. This will help you identify key debates, theoretical frameworks, and gaps in the literature that your research can address. A strong literature review serves as the foundation for your research paper and provides context for your study.
• Develop a Well-Structured Outline : Organize your research paper with a clear and logical structure. Create an outline that includes an introduction, literature review, methodology, main body sections, analysis of findings, and conclusion. Each section should flow seamlessly into the next, guiding the reader through your research process.
• Craft a Compelling Introduction : The introduction sets the tone for your research paper and should capture the reader’s attention. Start with a hook or a thought-provoking question related to your research topic. Provide background information on the issue at hand and clearly state your research question and objectives. Conclude the introduction with a strong thesis statement that outlines the main argument of your paper.
• Conduct Rigorous Research : International law research papers require a robust research methodology. Depending on your research question, you may use various methods, such as legal analysis, case studies, empirical research, or comparative analysis. Ensure that you use credible and authoritative sources for your research and cite them properly using the appropriate citation style (e.g., APA, MLA, Chicago).
• Analyze and Present Your Findings : In the main body of your research paper, present your findings and analyze them in-depth. Use a clear and coherent structure to present your arguments and evidence. Use relevant case law, treaties, and legal principles to support your analysis and draw well-reasoned conclusions.
• Address Counterarguments : Acknowledge and address counterarguments to your research findings. Demonstrating that you have considered opposing viewpoints and providing a thoughtful rebuttal strengthens the credibility and persuasiveness of your research.
• Consider Policy Implications : In international law, research often has practical implications for policymakers and legal practitioners. Discuss the potential policy implications of your findings and offer recommendations for addressing the legal issue at hand. This demonstrates the real-world relevance of your research.
• Maintain a Cohesive Writing Style : Use clear and concise language throughout your research paper. Avoid jargon and technical terms that may confuse the reader. Maintain a cohesive writing style, ensuring that each paragraph and section contributes to the overall argument of your paper.
• Write a Strong Conclusion : The conclusion is your opportunity to summarize your key findings, restate your thesis statement, and highlight the significance of your research. Avoid introducing new information in the conclusion and instead, focus on leaving the reader with a lasting impression of your research’s importance and potential impact.
• Edit and Revise : After completing your first draft, take the time to edit and revise your research paper. Check for clarity, coherence, grammar, and proper citation. Consider seeking feedback from peers or professors to gain valuable insights and improve the overall quality of your paper.
• Review Formatting and Citations : Ensure that your research paper adheres to the required formatting guidelines, such as font size, margins, and line spacing. Double-check your citations and references to avoid plagiarism and maintain academic integrity.

By following these steps and guidelines, you can craft a well-structured, persuasive, and impactful international law research paper. Remember to approach your research with curiosity and dedication, as it is through thorough exploration and analysis that you can make meaningful contributions to the field of international law.

iResearchNet’s Custom Research Paper Writing Services

At iResearchNet, we understand the challenges that students and researchers face when tasked with writing a compelling international law research paper. International law is a complex and ever-evolving field, and producing a high-quality research paper requires extensive knowledge, critical thinking skills, and time. To help you overcome these challenges and excel in your academic pursuits, we offer custom international law research paper writing services that cater to your specific needs and requirements.

• Expert Degree-Holding Writers : Our team of writers consists of legal experts with advanced degrees in international law. They have a deep understanding of the complexities of the subject and possess the expertise to deliver well-researched and meticulously crafted research papers.
• Custom Written Works : We believe in providing personalized solutions to each client. When you choose our custom writing services, you can be confident that your research paper will be tailored to your unique research question, instructions, and academic level.
• In-Depth Research : Our writers are skilled in conducting thorough research on a wide range of international law topics. They have access to a vast array of academic resources, legal databases, and scholarly journals to ensure that your research paper is well-grounded in current and authoritative sources.
• Custom Formatting : Our writers are well-versed in different citation styles commonly used in academic writing, including APA, MLA, Chicago/Turabian, and Harvard. They will format your research paper according to your specified style guidelines.
• Top Quality : At iResearchNet, quality is our top priority. We are committed to delivering research papers that meet the highest academic standards and demonstrate critical thinking, analytical skills, and originality.
• Customized Solutions : Whether you need assistance with selecting a research topic, conducting a literature review, or writing specific sections of your paper, our custom solutions cater to your precise requirements.
• Flexible Pricing : We understand that students often have budget constraints. Our pricing is flexible and designed to accommodate various academic levels and deadlines without compromising on quality.
• Short Deadlines : If you are facing a tight deadline, our writers can work efficiently to deliver your custom research paper within as little as 3 hours.
• Timely Delivery : Punctuality is crucial, and we take pride in delivering research papers on time, ensuring that you have sufficient time to review the content before submission.
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• Easy Order Tracking : With our user-friendly platform, you can easily track the progress of your research paper and communicate directly with your assigned writer.
• Money Back Guarantee : We are confident in the quality of our services. In the rare event that you are not satisfied with the final paper, we offer a money-back guarantee to ensure your complete satisfaction.

Our custom international law research paper writing services are designed to empower you in your academic journey. Whether you are a student seeking guidance in writing your research paper or a researcher looking for expert assistance, iResearchNet is your trusted partner in achieving academic success. Let our team of seasoned writers and experts help you unlock the full potential of your international law research and make a meaningful impact in the field.

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Filippo Grandi (UNHCR) on the situation of Refugees, International Humanitarian law and other topics - Security Council Media Stakeout

Remarks by Filippo Grandi, the High Commissioner for Refugees to the media following his annual report to the Security Council. During his briefing to the Security Council, Filippo Grandi, the High Commissioner for Refugees, reported that last year, 114 million people were displaced by war, violence and persecution. “Next month we will update this figure. It will be higher,” he said, adding that humanitarians are near a breaking point and that respect for the basic rules of war is almost non-existent. Among the many haunting images from the conflict in Gaza is that of desperate people trapped and often killed inside a war zone. “Their safety should be our — your — paramount concern,” he said, adding that under international law, an occupying Power must not force a civilian population to flee the territory it occupies. Turning to Syria, he highlighted the presence of 5.6 million Syrian refugees and proposals by some European countries to send them back to so-called “safe areas” in the country. The refugees’ voluntary, safe return home is the best solution, and the Government must alleviate the fear many have of being targeted or concern over abysmal living conditions in the country. At the same time, donors must increase support to early recovery activities as per Security Council resolution 2642 (2022). “If we are serious about solving the Syrian refugee problem — and we must be — the only way forward is to overcome political constraints and work on both tracks, with all stakeholders,” he said. In Myanmar, over 3 million people have been displaced by fighting, and humanitarians operate in a high-risk environment. And in the Democratic Republic of Congo, no other place on Earth is as dangerous for women and children as the east of that country. In Ukraine, international humanitarian law gets violated every day and displacement continues to increase. And in Sudan, 9 million people are displaced inside the country or refugees in neighbouring countries. Yet despite the need, the international community continues to neglect the situation with aid activities inside that country funded at only 15 per cent and the refugee operations at 8 per cent. Short-sighted foreign policy decisions, often founded on double standards, pay lip service to compliance with international law, he said, urging the Council to act and not add to the “cacophony of chaos”. It is too late for the tens of thousands already killed in Gaza, Ukraine, Sudan, the Democratic Republic of the Congo, Myanmar and many other places, he said. However, “it is not too late to step up help for the millions who have been forcibly displaced to return home voluntarily, in safety and with dignity”

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Arms transfers to parties to armed conflict: what the law says

What are the humanitarian concerns raised by arms flows into conflict areas?

Though the international arms trade has never been as extensively regulated as it is today, weapons and munitions continue to flow, overtly and covertly, to some of the most brutal armed conflicts. Such transfers contribute to the widespread availability and misuse of weapons, which exacts an unacceptable human toll in terms of lives lost or permanently altered by injury or trauma and loss of livelihoods, with civilians bearing the brunt of the violence. Inadequately controlled arms supply to parties to armed conflict facilitates violations of international humanitarian law (IHL) and international human rights law and hampers the delivery of life-saving humanitarian aid. It prolongs and aggravates wars and often results in high levels of insecurity and violence even after a conflict has ended, including violence against children and gender-based and sexual violence. This hinders post-conflict reconstruction, recovery and reconciliation, as well as human and socio-economic development in the longer term.

What rules related to IHL govern the supply of weapons to a party to armed conflict?

At the global level, the Arms Trade Treaty (ATT) sets common international standards for the regulation of the trade in conventional arms, ammunition, and parts and components. The Treaty's humanitarian aim is to reduce human suffering, and promote responsible action and transparency in the international arms trade ( Art 1 ). The requirements and prohibitions set out in its Articles 6 and 7 seek to prevent serious violations of IHL and other serious violations of international law from being committed with supplied arms. Among other things, the ATT requires that States parties assess the risk of IHL violations being committed or facilitated with transferred arms and to refrain from transfers in certain circumstances (see " When is it prohibited to transfer weapons to a party to an armed conflict? "). Certain regional instruments also restrict arms transfers on humanitarian grounds and require such an assessment. For example, under the EU Common Position 2008/944/CFSP , EU Member States must subject arms export applications to considerations of respect for human rights in the country of final destination as well as respect by that country of international humanitarian law (Criterion 2). Such an assessment is also required to implement Article 5 of the Central African Convention for the Control of Small Arms and Light Weapons, their Ammunition and all Parts and Components that can be used for their Manufacture, Repair and Assembly and Article 6 of the ECOWAS Convention on Small Arms and Light Weapons, Their Ammunition and Other Related Materials . Treaties on certain types of weapons and other rules of international law impose additional specific prohibition and restrictions on the transfer of weapons to parties to armed conflict (see " When is it prohibited to transfer weapons to a party to an armed conflict? "). Such instruments complement existing limits on arms transfers stemming from each State's obligation to respect and ensure respect for IHL in all circumstances ( Article 1 common to the 1949 Geneva Conventions; Article 1 of Additional Protocol 1 to the Geneva Conventions. See also 31st IC, Resolution 2, Action plan, objective 5 (p. 33) ). Accordingly, States must refrain from transferring weapons where there is a clear risk that this would contribute to IHL violations, and they must do everything reasonably in their power and take positive steps to ensure respect for IHL by parties to armed conflict. States' duty to respect and ensure respect for IHL in all circumstances is a key principle underpinning the Arms Trade Treaty ( Preamble ). States parties must take this into account in their implementation of the ATT and regional arms transfer instruments. States that supply weapons to a party to an ongoing armed conflict can be considered particularly influential in ensuring respect for IHL owing to their ability to provide or withhold the means by which wars are fought and IHL violations may be committed. In some situations, States may enjoy a position of influence because they import weapons from a party to an armed conflict or for other reasons. States must use this leverage to induce respect for IHL, in particular where there is a foreseeable risk that IHL violations may be committed. Conditioning, restricting or halting transfers of weapons are practical means in the power of arms transferring States to prevent and stop IHL violations. Influential States must take positive action even when the weapons they supply are not implicated in IHL violations.

When is it prohibited to transfer weapons to a party to an armed conflict?

Neither the ATT nor IHL prohibit arms transfers as such to a party to an ongoing armed conflict. However, they prohibit such transfers in certain circumstances, and some States refrain from transfers to parties to ongoing armed conflicts as a matter of national law or policy. States parties to the ATT are prohibited from authorizing the export, import, transit, trans-shipment and brokering of arms, ammunition and parts and components if they know that these arms or items would be used to commit war crimes or other international crimes ( Article 6 ). States Parties to the ATT are also prohibited from exporting arms or items where there is an overriding risk that these could be used to commit or facilitate a serious violation of IHL or human rights ( Article 7 ). Similarly, the application of the EU Common Position 2008/944/CFSP , the Central African Convention and the ECOWAS Convention mentioned above can prohibit arms transfers to a party to an ongoing armed conflict in certain circumstances (see: What rules related to IHL govern the supply of weapons to a party to armed conflict? ). In addition, by virtue of their obligation to respect and ensure respect for IHL in all circumstances ( Article 1 common to the four 1949 Geneva Conventions ), all States are prohibited from transferring weapons to a party to an armed conflict, whether a State or non-state armed group, where there is a clear risk that this would contribute to the commission of IHL violations. Weapon-specific treaties that prohibit certain types of weapons on humanitarian grounds include an express prohibition to never under any circumstances transfer to anyone, directly or indirectly, the weapons of concern. This is the case for the treaties prohibiting weapons of mass destruction ( Treaty on the Prohibition of Nuclear Weapons (Art. 1), Biological Weapons Convention (Art. III), Chemical Weapons Convention (Art. I)) as well as the Anti-Personnel Mine Ban Convention (Art. 1), and the Convention on Cluster Munitions (Art 1). The transfer of these weapons to parties to armed conflicts is therefore prohibited. Similarly the transfer of certain mines is restricted under amended Protocol II (1996) to the Convention on Certain Conventional Weapons (Art 8).

What indicators and sources of information should States take into account in their arms transfer decisions?

In the view of the ICRC, a thorough assessment of the risk that arms, ammunition or parts and components to be transferred could be used to commit or facilitate IHL violations should include an inquiry into:  - the recipient's past and present record of respect for IHL and human rights  - the recipient's intentions as expressed through formal commitments, and  - the recipient's capacity to ensure that the arms or items transferred are used in a manner consistent with IHL and human rights law and are not diverted or transferred to other destinations where they might be used to commit serious violations of IHL or human rights. Supplying arms to a recipient involved in an on-going armed conflict entails a concrete and present danger that supplied arms, ammunition or parts and components could be used to commit or facilitate IHL violations. For the purposes of the arms transfer risk assessment, isolated incidents of past violations are not necessarily indicative of a recipient's attitude towards IHL or international human rights law. However, any discernible pattern of violations, or any failure by the recipient to take appropriate steps to put an end to and adequately address past violations and to prevent their recurrence should cause serious concern. Evidence of unaddressed recent violations would normally indicate a clear risk. The final decision should be based on an overall assessment of the situation after considering each indicator separately. Assessments should be based on all available, open- and closed-source information, including diplomatic missions in the recipient State, military-to-military exchanges, reports by UN and other agencies operating in the recipient State, media reports, reports by national human rights bodies, reports by non-governmental organisations, judgments and decisions by international and domestic judicial authorities, and the recipient's military doctrine and instructions. • Learn more about applying IHL and international human rights law criteria in arms transfer decisions (ICRC, Practical Guide, 2016).

Are arms transfers to non-State armed groups prohibited under IHL?

Neither the ATT nor IHL prohibit arms transfers to non-State armed groups parties to an armed conflict, nor other non-State entities, in general. However, such transfers are prohibited in certain circumstances (See: " When is it prohibited to transfer weapons to a party to an armed conflict? "), and some States refrain from arms transfers to non-state armed groups as a matter of national law or policy. Other rules of international law, for example the prohibition to intervene in the internal affairs of another State and treaties on certain weapon types may prohibit the transfer of weapons to non-State actors. An assessment of the risk that transferred weapons could be used to commit or facilitate IHL violations must be conducted regardless of whether the recipient is a State or a non-State entity.

Are weapon transfers in the form of military assistance to allies or trusted partners subject to these rules?

The ATT regulates export, transit, trans-shipment, import and brokering – collectively referred to as 'transfer' ( Article 2 ). The Treaty governs all forms of transfers regardless of whether they entail a commercial exchange or not. Consequently, States parties to the ATT must apply the Treaty's transfer criteria to any government-to-government transfers and military assistance and gifts. Likewise, the obligation to respect and ensure respect for IHL applies in all circumstances and to all forms of transfers involving a party to an armed conflict, including, notably, to the provision of military assistance. Exempting arms transfers, including in the form of assistance to a military ally, political partner or State belonging to the same free-trade area or customs union, from a thorough risk assessment runs counter to the requirements of Articles 6 and 7 of the ATT and IHL.

Do these rules apply to the supply of "defensive" weapons and "non-lethal" items?

Conventional weapons and military equipment of any kind can be used to commit or to facilitate violations of IHL and of international human rights law. States parties to the ATT must apply the prohibitions and requirements of Articles 6 and 7 to all arms and items within the scope of the Treaty ( Articles 2 , 3 and 4 ), irrespective of whether these are characterized as 'defensive', 'non-lethal', 'other military equipment' or otherwise in national law or policy. >All States must subject the supply of any kind of aid or assistance to a party to an armed conflict, including any weapons, munitions and military equipment, to considerations of IHL by virtue of their obligation to respect and ensure respect for IHL in all circumstances ( Article 1 common to the 1949 Geneva Conventions). Whereas the risk of IHL violations associated with the supply and measures available to mitigate that risk may vary in function of the type of material to be provided, a thorough IHL risk assessment needs to be made on a case-by-case basis. Irrespective of how the arms or items are designated, this assessment should include an inquiry into a range of context-sensitive indicators, including the recipient's record of respect for IHL and its intention and capacity to ensure that the supplied material will be used in manner consistent with IHL. (See: " What indicators and sources of information should States take into account in their arms transfer decisions? ")

Is the export of weapon parts or components subject to these rules?

States parties to the ATT must apply the prohibitions and requirements of Articles 6 and 7 to parts and components within the scope of the Treaty ( Article 4 ). The ATT does not regulate the re-export of parts and components by a State that is not a party to the ATT, nor the integration of imported parts and components by such a State into a final product and the export of that product. However, a thorough IHL risk assessment under the ATT should include an inquiry into the recipient's intentions and capacity to ensure parts and components are not diverted or transferred to other destinations or recipients where they might be used in violation of IHL. Under IHL, all States must refrain from transferring parts and components to a party to an armed conflict where there is a clear risk that this would contribute to the commission of IHL violations. Where such a risk exists, States also need to refrain from transferring parts and components to another State or non-State entity if they know or it is reasonably foreseeable that the items would be re-exported to that party or integrated into a weapon to be exported to that party. States that supply parts and components can be considered particularly influential in ensuring respect for IHL by a party to armed conflict, owing to their ability to provide or withhold the means to repair weapons and keep them in working condition. They must use this leverage to induce respect for IHL, in particular where there is a foreseeable risk that IHL violations may be committed. Conditioning, restricting or halting transfers of parts and components are practical means in the power of arms transferring States to prevent IHL violations. States parties must take the obligation to respect and ensure respect for IHL into account in their implementation of the ATT and regional arms transfer instruments.

What about practical measures to mitigate the risk of IHL violations?

Possible measures that can support States' compliance with their obligation with regard to the transfer of weapons include conditioning, restricting or halting transfers, as well as confidence-building measures, capacity building programmes and trainings (e.g. in stockpile management or in IHL), post-delivery verification, end-use certificates and assurances. States should assess cautiously what is realistically achievable in the circumstances to offset the risk of violations. Mitigation measures can only reduce the risk of IHL violations if they are timely, robust and reliable, and if the supplier and recipient have the capacity to effectively implement them in practice and actually do so in good faith. Where a clear risk of IHL violations persists despite the mitigation measures, States must refrain from transferring the weapons.

Are assurances by the arms recipient sufficient to mitigate the risk of IHL violations?

Making the supply of weapons contingent on the recipient providing formal assurances, for example, to use supplied arms or items in compliance with IHL or to avoid using heavy explosive weapons in densely populated areas, can contribute to enhancing the protection of civilians and others not fighting. Such assurances can also serve as an indicator of the recipient's intent to uphold respect for IHL. Assurances provided by the recipient should, however, be assessed cautiously against its policies and actual practices. Such assurances do not replace the supplier State's obligation to carry out a thorough assessment of any proposed transfer (See: " What indicators and sources of information should States take into account in their arms transfer decisions? "). Where a clear risk of IHL violations persists despite assurances to comply with IHL, States must refrain from transferring the weapons.

Is there an obligation to review previously granted arms transfer licenses?

The ATT 'encourages' reassessment of a previously granted export authorizations if the State party becomes aware of new relevant information ( Article 7.7 ). In addition, all States have an obligation under IHL to prevent violations of IHL and to refrain from transferring weapons where there is a clear risk that this would contribute to the commission of IHL violations. This requires to continuously monitor how arms trading partners use weapons in practice and to review extant licenses if new information comes to light. If the information indicates a clear or substantial risk of IHL violations, the transfers must be stopped and the authorization amended, suspended or cancelled. States parties to the ATT must take the obligation to respect and ensure respect for IHL into account in their implementation of the ATT.

May States take national security, the right of self-defence or similar considerations into account in their arms transfer decisions?

In practice, States decisions concerning the supply of weapons to a party to an armed conflict are the result of many factors, including vconsiderations of foreign policy, national security, the recipient State's right of self-defence, or international peace and security. Such considerations are also reflected in the ATT which aims to reduce human suffering and to contribute to international and regional peace, security and stability ( Article 1 ). States Parties are prohibited from transferring arms or items in violation of their obligations under measures adopted by the UN Security Council under Chapter 7 of the UN Charter, which deals with threats to the peace, acts of aggression and the right of self-defence ( Article 6 ). And States Parties that export weapons must also assess the potential that the arms or items would contribute to or undermine peace and security ( Article 7 ). None of these considerations allow setting aside or overriding considerations of respect for IHL, including when the arms recipient exercises their right to self-defence. All States that supply arms to a party to armed conflict need to give due consideration to respect for IHL in their arms transfer decisions at all levels, including at the highest political level. Indeed, it is difficult to see how transferred weapons could ever make a contribution to peace and security in cases where there is a clear risk that they could be used in the commission of IHL violations. (See also: " Are weapon transfers in the form of military assistance to allies or trusted partners subject to these rules? ".)

Are arms supplying States considered to be parties to armed conflict?

Under IHL, a State does not become a party to an armed conflict on the sole ground that it supplies weapons or military equipment to a belligerent. A State supplying arms to a State party to an international armed conflict becomes itself a party to that conflict if it resorts to armed force against another belligerent State, such as when it is effectively involved in military operations against that State. A State supplying arms to a non-State armed group party to an armed conflict becomes itself a party to the conflict when it equips (with weapons for instance) and finances such group but also coordinates or helps in the general planning of its military activity, thereby exerting overall control over such group. Learn more about the circumstances in which an arms-supplying State can become a party to an on-going armed conflict involving the recipient State (ICRC Commentary to the Third Geneva Convention, paragraphs 250 and following ) or non-State armed group ( paragraphs 298, 302 and following , and 440-444 ).

What are the consequences under international law of transferring weapons in violation of these rules?

Individuals, including government officials and business employees, that transfer arms to a party to an armed conflict can, in certain circumstances, be held criminally responsible for aiding in the commission of war crimes and other serious international crimes committed with supplied arms. A State party to the ATT may be internationally responsible for a breach of its obligations under the Treaty. All States may be internationally responsible for a breach of their obligation to respect and ensure respect for IHL in all circumstances ( Article 12, ILC ASR ). In addition, a State that supplies weapons to a party to an armed conflict may, under certain conditions, be internationally responsible for aiding or assisting in the commission of an internationally wrongful act by that party ( Art 16, ILC ASR ), or in maintaining a situation of serious breach of an obligation arising under a peremptory norm of general international law ( Art 41.2, ILC ASR ).

What is the responsibility of defence companies that supply arms to a party to an armed conflict?

The ATT does not apply directly to defence companies or other business entities, their employees or representatives. However, there are a number of reasons why private business entities need to carefully assess and effectively mitigate the risk of their activities causing or contributing to violations of IHL or human rights. 1. Non-compliance by a private business with the national laws and regulations that each State Party is required by the ATT to adopt and enforce ( Article 14 ), such as a failure to conform with the terms of an arms transfer license, exposes the business to criminal, civil or administrative enforcement measures. 2. States have obligations under international humanitarian law to ensure that private individuals and entities within their jurisdiction respect IHL. The national laws and other measures States adopt to meet these obligations frequently provide for criminal or civil liability of private individuals and corporations. 3. Individuals who act on behalf of a private business can be directly bound by IHL where their activities are sufficiently connected with an armed conflict. Providing weapons to a party to an armed conflict can result in criminal liability under international law for the individuals involved if that party uses the weapons to commit war crimes or other international crimes. In addition to reputational risks to the business entity, national laws frequently include general provisions making employers, including corporations, civilly or criminally liable for wrongful acts of their employees. 4. Business entities have a general corporate responsibility to respect human rights as reflected for instance in the UN Guiding Principles on Business and Human Rights .

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Dissertations / Theses on the topic 'War (International law)'

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Schultz, Sarah J. "The just war or just a war : a proposal for ethical joint doctrine of war /." Thesis, Monterey, Calif. : Springfield, Va. : Naval Postgraduate School ; Available from National Technical Information Service, 2005. http://library.nps.navy.mil/uhtbin/hyperion/05Sep%5FSchultz.pdf.

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.

Akbar, Muqarrab. "Pakistan at crossroads : war against terrorism and international law." Thesis, Glasgow Caledonian University, 2014. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.676475.

Elbakry, Mohamed Mokbel Mahmud. "The legality of "war" in Al-Shariʼa Al-Islamiya (the Islamic law) and contemporary international law compararative study /." Connect to e-thesis, 1987. http://theses.gla.ac.uk/666/.

Zawātī, Ḥilmī. "Just war, peace and human rights under Islamic and international law." Thesis, McGill University, 1997. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=28236.

O'Keefe, Roger. "Law, war and 'the cultural heritage of all mankind'." Thesis, University of Cambridge, 1999. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.270870.

Sellars, Kirsten. ""Crimes against peace" and international law." Thesis, University of Aberdeen, 2009. http://digitool.abdn.ac.uk:80/webclient/DeliveryManager?pid=133994.

Schub, Robert Jay. "Certainty and War." Thesis, Harvard University, 2016. http://nrs.harvard.edu/urn-3:HUL.InstRepos:33493541.

Ramey, Robert A. "Space warfare and the future law of war." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1999. http://www.collectionscanada.ca/obj/s4/f2/dsk1/tape10/PQDD_0030/MQ55106.pdf.

Hedkvist, Elin. "Girls and Boys at War : Child Soldiers in International Law." Thesis, Örebro University, School of Law, Psychology and Social Work, 2010. http://urn.kb.se/resolve?urn=urn:nbn:se:oru:diva-9453.

The recruitment, enlistment and use of children younger than fifteen to participate actively in hostilities is prohibited in customary international law as well as in several international legal instruments. The use of child soldiers is, despite of the prohibition, a widespread phenomenon with 300 000 as the estimated number of child soldiers in national armies as well as in various rebel and insurgent groups in the world today. Although the problem is world-wide; most recent focus have been on Africa where children have served and still serve in ongoing conflicts in various functions including but not limited to front line soldiers, messengers, guards and sex-slaves. Many of the world‟s child soldiers are girls that are facing the risks of sexual abuse and discrimination. In this thesis the 1996-2002 civil war in Sierra Leone will serve as an example of a conflict were children were used as soldiers.Prohibition against the use of child soldiers can be found in international legal instruments in both human rights law and international humanitarian law. It can also be found in instruments in the fields of international labor law and prohibition against slavery. The provisions differ in their definition of a child soldier; concerning age limit as well as the child‟s function during the conflict. There are also differences in the responsibility of states to protect children against being used as soldiers. This particularly affects girl soldiers since they often have their primary tasks behind the front line and thus are not usually included in the more narrow definitions of child soldiers.Two courts; the International Criminal Court (ICC) and the Special Court for Sierra Leone (SCSL) are used as examples of enforcement mechanisms. The SCSL as being the first court to deliver convictions for the use of child soldiers as well as thoroughly discussing the illegality of the use of child soldiers has been of importance in the fight against the use of child soldiers. The ICC will be the enforcement mechanism of the future and it has already prosecuted for the use of child soldiers. The SCSL has raised the awareness and started the struggle against impunity for those responsible for using child soldiers but it is the ICC that will have to continue the fight, although with some obstacles to overcome.

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.

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.

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.

Richmond, Sean. "At the vanishing point of law? : international law and the use of force by Britain and Canada in the Korean War and Afghanistan Conflict." Thesis, University of Oxford, 2014. http://ora.ox.ac.uk/objects/uuid:d290493c-3afd-4a51-8dea-27ea0bd9069a.

Abdul, Rahman Hilmi M. "Just war, peace and human rights under Islamic and international law." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1998. http://www.collectionscanada.ca/obj/s4/f2/dsk2/tape15/PQDD_0007/MQ37294.pdf.

Wright, Crystal Renee Murray. "From the Hague to Nuremberg: International Law and War, 1898-1945." Thesis, North Texas State University, 1987. https://digital.library.unt.edu/ark:/67531/metadc501222/.

Shortt, Michael. "Arms racing, coercion and war." Thesis, McGill University, 2010. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=86735.

McLeod, Travers. "Rule of law in war : international law and United States counterinsurgency in Iraq and Afghanistan." Thesis, University of Oxford, 2012. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.665298.

Candelaria, Jacob. "Europe, the United States, and the international criminal court." Thesis, Monterey, Calif. : Springfield, Va. : Naval Postgraduate School ; Available from National Technical Information Service, 2003. http://library.nps.navy.mil/uhtbin/hyperion-image/03Jun%5FCandelaria.pdf.

Davies, Sara Ellen. "Legitimising rejection : international refugee law in Southeast Asia /." [St. Lucia, Qld.], 2005. http://www.library.uq.edu.au/pdfserve.php?image=thesisabs/absthe19072.pdf.

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.

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.

Miggiani, Mark Anthony. "War remnants : a case study in the progressive development of international law /." Genève : Institut universitaire de hautes études internationales, 1988. http://catalogue.bnf.fr/ark:/12148/cb36643222n.

Elbakry, Mohamed Mokbel Mahmud. "The legality of 'war' in Al-Shari'a Al-Islamiya (the Islamic Law) and contemporary international law." Thesis, University of Glasgow, 1987. http://theses.gla.ac.uk/666/.

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.

Parrish, Olina. "Autonomous Lethality: Regime type, international law, and lethal autonomy in weapons." Thesis, The University of Sydney, 2021. https://hdl.handle.net/2123/25466.

Zamir, Singer Noam Ziso. "Classification of conflicts in cases of foreign intervention in civil wars." Thesis, University of Cambridge, 2014. https://www.repository.cam.ac.uk/handle/1810/283965.

Edelman, Ross David. "Cyberattacks in international relations." Thesis, University of Oxford, 2013. http://ora.ox.ac.uk/objects/uuid:e1d71a7a-7680-4f97-b98d-a41a4b484fda.

SOUZA, IGOR ABDALLA MEDINA DE. "DOM QUIXOTE MEETS SANCHO PANÇA: INTERNATIONAL RELATIONS AND INTERNATIONAL LAW BEFORE, DURING AND AFTER THE COLD WAR." PONTIFÍCIA UNIVERSIDADE CATÓLICA DO RIO DE JANEIRO, 2005. http://www.maxwell.vrac.puc-rio.br/Busca_etds.php?strSecao=resultado&nrSeq=7184@1.

Bickerstaffe, Emma-Louise McQuilkan. "The use of force in armed conflict and the inherent right of self-defence of state armed forces." Thesis, University of Cambridge, 2016. https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.709487.

Nortje, Windell. "The accountability of juveniles for crimes under international law." University of the Western Cape, 2016. http://hdl.handle.net/11394/5471.

Dshurina, Stella Borissova. "Has the state of war been made redundant by the UN Charter regime on the use of force?" Master's thesis, University of Cape Town, 2012. http://hdl.handle.net/11427/12669.

Martinson, Jeffrey D. "What makes leaders think war? Foreign military intervention decision making in post-cold war Germany." Columbus, Ohio : Ohio State University, 2005. http://rave.ohiolink.edu/etdc/view?acc%5Fnum=osu1133302429.

Vergerio, Claire. "Constructing the right to war : Alberico Gentili and his receptions in international law." Thesis, University of Oxford, 2017. https://ora.ox.ac.uk/objects/uuid:8c4d927c-3645-47d6-912b-89a7689a279f.

Edwards, Jonathan P. "The Iraqi oil "weapon" in the 1991 Gulf War : an international law analysis." Thesis, Washington, DC : George Washington University /, 1992. http://handle.dtic.mil/100.2/ADA245257.

Koram, Kwadwo Nyadu. "The sacrificial international : the war on drugs and the imperial violence of law." Thesis, Birkbeck (University of London), 2018. http://bbktheses.da.ulcc.ac.uk/307/.

Busuttil, James J. "Naval weapons systems and the contemporary law of war /." Oxford : Clarendon press, 1998. http://catalogue.bnf.fr/ark:/12148/cb37552708d.

Boelaert-Suominen, Sonja Ann Jozef. "International environmental law and naval war : the effect of marine safety and pollution conventions during international armed conflict." Thesis, London School of Economics and Political Science (University of London), 1998. http://etheses.lse.ac.uk/2608/.

Darge, Tobias. "Kriegsverbrechen im nationalen und internationalen Recht unter besonderer Berücksichtigung des Bestimmtheitsgrundsatzes = War crimes in national and international law." [Berlin Heidelberg] Springer, 2008. http://d-nb.info/999263633/04.

Nuñez-Mietz, Fernando Gabriel. "Lawyering Compliance with International Law: Legal Advisors and the Legalization of International Politics." The Ohio State University, 2013. http://rave.ohiolink.edu/etdc/view?acc_num=osu1370528559.

Beauchamp, Sylvain. "Explosive remnants of war and the protection of human beings under public international law /." Geneva : Graduate Institute of International and Development Studies, 2008. http://aleph.unisg.ch/hsgscan/hm00243755.pdf.

LaVilla, Oriana H. D. "Reconciliation and The Rule of Law: The Changing Role of International War Crimes Tribunals." Scholarship @ Claremont, 2014. http://scholarship.claremont.edu/scripps_theses/439.

Fiddes, James. "Implementing post-Cold War Anglo-American military intervention : scrutinising the dynamics of legality and legitimacy." Thesis, University of Aberdeen, 2017. http://digitool.abdn.ac.uk:80/webclient/DeliveryManager?pid=231671.

Hoversten, Michael R. "The law governing aerospace warfare in the twenty-first century /." Thesis, McGill University, 2000. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=33360.

Sadikot, Minaz. "International Law : The Issue of Rape." Thesis, Jönköping University, JIBS, Political Science, 2010. http://urn.kb.se/resolve?urn=urn:nbn:se:hj:diva-12008.

Varför har FN inte kunnat erkänna våldtäkt som ett krigsbrott?

Denna studie har ägnats åt att upplysa användning av våldtäkt och andra former utav sexuella övergrepp under krig och dess konsekvenser för utsatta kvinnor. Studien har tillämpat en kvalitativ och litterär metod. Den största delen av materialet har tagits ur diverse artiklar, dokument och tidsskrifer. Uppsatsen upplyser kvinnors rättigheter inom den internationella arenan och studien ifrågasätter varför Förenta Nationerna (FN) har dröjt (ca.50 år) med att identifiera våldtäkt som ett krigsbrott inom internationall lagstiftning.

Första delen av uppsatsen kommer att presentera de underliggande teorierna som preciserar konceptet sexuellt övergrepp och mer djupgående, också förklara anledningar bakom anvädning av våldtäkt, därav begränsa dess anvädning inom krigsförhållanden.

Andra delen av uppsatsen sätter fokus på termen våldtäkt och dess utveckling inom den juridiska ramen. Den behandlar folkrätt, och framhäver även orsaker till FN’s svaghet och svårighet att kunna erkänna, inte bara våldtäkt som ett krigsbrott, utan också andra frågor som är problematiska för FN att kunna hantera. Eftersom begreppet ’våldtäkt’ är relativt brett, faller det både under kvinnors rättigheter och i sin tur under mänskliga rättigheter. Av denna anledning kommer uppsatsen att ta upp de möjliga anledningar om varför det har dröjt för FN, men också dess svårighter, att kunna erkänna anvädning av våldtäkt som ett vapen inom krig.

Tredje delen av uppsatsen tar upp några av de möjliga problem som är ohanterliga för FN, bland annat kulturella skillnader och individuella åsikter mellan medlems staterna, vilket medför brist på konsensus. Uppsatsen ifrågasätter även om kvinnors rättigheter är del av mänskilga rättigheter. Utöver det kommer även uppsatsen resonera kring FN’s dilemma att kunna särskilja sin roll som ett mellanstatligt och transnationellt organ. Och sist men inte minst kommer suveräniteten, som varje stat har rätten till att erhålla, att diskuteras. Denna punkt kommer att klargöra den oenighet som förekommer mellan medlems staterna, vilket ännu än gång har resulterat i det dröjsmål som uppstått i att kunna indentifiera våldtäkt som ett krigsbrott.

Why haven’t the UN been able to recognise rape as a weapon of war?

The thesis enlightens the usage of rape in war and the consequences this has brought on women who have been subjected to rape. The bulk of the information is taken from various articles, documents and journals and the method used is of a qualitative nature. The thesis sheds light upon women’s rights in the international arena and questions why it took so long (almost 50 years) for the United Nations (UN) in addressing rape as a war crime within international law.

The first part of the thesis will present various theories that elucidate the word sexual violence and more accurately ‘rape’ in the context of war. The second part generates the judicial part that will depict the difficulty for the international community to address rape as a war crime within international law.

Furthermore the thesis takes the approach in presenting obstacles faced by the UN, within the framework of human rights, to handle delicate issues such as rape and sexual violence. Since rape is, to a large extent, complicated and a broad concept, and since it falls under the category of women’s rights and under human rights, the thesis will explain reasons behind the dawdling and the hurdles faced by the UN in accepting rape under the category of war crime.

The third part of the thesis will present possible predicaments that are unmanageable for the UN. Some possible issues that the thesis has touched upon, is cultural diversity and differing opinions among the member states which has resulted in lack of consensus. Furthermore, the study will present the notion of women’s rights, and question if they are part of human rights. The thesis will also discuss the dual role of the UN and its struggle for the past decade to uphold its role both as an intergovernmental as well as a transnational body. Lastly the thesis will enlighten sovereignty that each state must enjoy. Sovereignty has resulted in lack of agreement among the member states which again has caused delay in recognising rape as a war crime.

Jones, Edmund Eric. "The effect of international law and international institutions on the place of war in society in the 20th century." Thesis, Open University, 1990. http://oro.open.ac.uk/57308/.

Jacques, Johanna. "From nomos to Hegung : war captivity and international order." Thesis, London School of Economics and Political Science (University of London), 2013. http://etheses.lse.ac.uk/817/.

Wager, James B. "Towards the attenuation of hardship : is there room for combatant immunity in internal armed conflicts? /." (Requires Adobe Acrobat Reader), 2000. http://stinet.dtic.mil/str/tr4%5Ffields.html.

Katsh, Gabriel Akiva. "“A Right of First Importance”: Habeas Corpus During the War on Terror." Thesis, Harvard University, 2015. http://nrs.harvard.edu/urn-3:HUL.InstRepos:17467384.

Chappell, Jonathan Carl. "Foreign intervention in China : empires and international law in the Taiping Civil War, 1853-64." Thesis, University of Bristol, 2016. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.701971.

Heaton, John Ricou. "Civilians at war reexamining the status of civilians accompanying the armed forces /." View thesis, 2004. http://handle.dtic.mil/100.2/ADA425026.

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Notre Dame International Human Rights Law students selected for prestigious international clerkships and internships

Published: May 17, 2024 Author: Arienne Calingo

Students from Notre Dame Law School’s International Human Rights Law programs have been admitted to serve prestigious international clerkships and internships in the following courts: the International Criminal Court; African Court on Human and Peoples' Rights; Inter-American Court of Human Rights; The Permanent Observer Mission of the Holy See to the United Nations Office and Specialised Agencies in Geneva; Office of the United Nations High Commissioner for Human Rights; and Special Jurisdiction for Peace.

At Notre Dame Law School, we are committed to educating a “different kind of lawyer” through offering opportunities that shape our students into well-rounded, culturally aware, and globally competent legal practitioners and human rights defenders. Meet six of our outstanding students in the Law School’s LL.M. and J.S.D. International Human Rights Law programs who will be using their legal knowledge and cultural competence to advocate for human dignity, justice, and equality in communities across the globe.

Nourhan Fahmy

Nourhan Fahmy (from Egypt) was selected by the Office of the United Nations High Commissioner for Human Rights (OHCHR) in Geneva, Switzerland, for their new three-month internship position focusing on the Middle East and North Africa.

Duties will include the systematic collection and analysis of information regarding the human rights situation of countries in the Middle East and North Africa region, including the preparation of reports, documents, and other written materials and, in particular, the researching and drafting of individual cases of alleged human rights violations.

“As the Middle East and North Africa intern, I will support the OHCHR in fulfilling its mission to protect and promote human rights,” said Fahmy. "I am so grateful to be selected for this role during a very critical time in the MENA region. As I am about to graduate from Notre Dame Law School, I am eager to capitalize on everything I have learned and all the work I have previously done in research and advocacy on human rights and the rule of law for this new role.”

Fahmy added, “I believe this will be a turning point in my career, and I will dedicate all my energy to serve the mission of the OHCHR to support the immensely critical role of the UN mechanisms dedicated to maintaining international peace and security."

Lehlohonolo January

Starting in fall 2024, Lehlohonolo January (from South Africa) will pursue a 12-month clerkship at the African Court on Human and Peoples' Rights in Tanzania. The objective of the internship is to allow candidates to develop a greater understanding of the African Court of Human and Peoples’ Rights; develop new skills, knowledge, and experiences; gain up-to-date knowledge of current working practices of the Court; increase opportunities for career development and progression; and establish networks.

“In furtherance of these objectives, my duties will include conducting research in preparation for hearings, preparing analytical notes that assess the arguments in light of the law, and assisting Judges in fulfilling all assigned duties,” said January.

“The aspect of the internship I am most looking forward to is working with a diverse bench of Judges from different parts of Africa,” he said. “Learning from Judges who represent the best of their regions will be a truly enriching experience.”

Vitaliy Kosovych

Starting next month, Vitaliy Kosovych (from Ukraine) will pursue a 12-month legal internship at The Permanent Observer Mission of the Holy See to the United Nations Office and Specialised Agencies in Geneva.

Kosovych will be responsible for conducting legal research on various international law topics; assisting in drafting legal documents such as briefs, reports, memoranda, and statements for meetings, conferences, and negotiations on a wide range of legal issues, including human rights, humanitarian law, and international development; monitoring discussions, debates, and developments in international forums relevant to the Holy See's mission and providing analysis on how these developments may impact the Holy See's positions and policies; and assisting diplomats and legal advisors in preparing for and participating in meetings, conferences, and other events at the international organizations.

“As a legal intern at The Permanent Observer Mission of the Holy See to the United Nations Office and Specialised Agencies in Geneva, I am profoundly honored to contribute to the promotion of justice, peace, and human rights on the global stage,” said Kosovych. “I look forward to engaging in legal research, supporting diplomatic efforts, and learning from esteemed colleagues, all while furthering the Catholic Church’s mission in international affairs.”

Zalwango Racheal Sanyu

Zalwango Racheal Sanyu (from Uganda) will serve as a Visiting Professional in the Trial Chambers at the International Criminal Court in The Hague, Netherlands from September 2024 to February 2025.

In this role, Sanyu will be conducting in-depth legal research and analysis of questions of international criminal law, public international law, international humanitarian law, and human rights law; providing legal advice on the interpretation and application of the Court's documents; summarizing evidence material, submissions, and decisions; and assisting in the drafting of decisions.

Sanyu expressed that she looks forward to an enriching experience for her career. “The Call of Justice and accountability for human rights violations around the world in the current times is undeniably deafening. It is an honor for me to serve at the International Criminal Court during this time in history,” said Sanyu.

Valentina del Sol Salazar Rivera

Beginning in fall 2024, Valentina del Sol Salazar Rivera (from Colombia) will pursue a 12-month clerkship at the Inter-American Court of Human Rights in San José, Costa Rica. She hopes to contribute to the legal analysis of cases and the drafting of decisions on international state responsibility for human rights violations.

"This is an uncanny opportunity for my professional development that will allow me to go back to the Court in a more challenging role and put into practice everything that I learned in the LL.M. program,” said Rivera. “Additionally, this clerkship will set my path towards my intended doctoral research on precedent in human rights tribunals.”

Nicolás E. Buitrago Rey

International Human Rights Law LL.M. alumnus and current J.S.D. candidate Nicolás E. Buitrago Rey (from Colombia) has been awarded research fellowships at both the Inter-American Court of Human Rights and Colombia’s Special Jurisdiction for Peace. He will be conducting his J.S.D. research in both Courts under the fellowships.

As a Research Visitor and Visiting Professional at the Inter-American Court of Human Rights in San José, Costa Rica, Buitrago will support the Court's Supervision Unit and conduct research related to his doctoral dissertation, which is being supervised by Professor Diane Desierto .

"My Research Visit to the Inter-American Court of Human Rights will allow me to learn how the Court understands the design and compliance of human rights reparations. Moreover, I will be able to share the Kellogg Institute Reparations Design and Compliance Lab's quantitative and qualitative databases with the Court,” said Buitrago.

In addition, Buitrago will be a Research Visitor and Visiting Professional at the Special Jurisdiction for Peace (JEP) in Bogotá, Colombia in the spring of 2025. There, he will support JEP in the adjudication of Special Sanctions and conduct research related to his doctoral dissertation.

“My Research Visit to the Special Jurisdiction for Peace will be crucial for my J.S.D. dissertation research about sanctions with remedial effects in transitional justice,” he said. “Being in the Tribunal for Peace will enable me to understand the complexities of transitional justice challenges about special sanctions.”

Buitrago will spend three months as a Research Visitor and Visiting Professional at each location.

We are so proud of our students from the Notre Dame Law School International Human Rights Law LL.M. and J.S.D. programs for the global impact they are making as advocates for human dignity and justice.

Learn more about our programs in International Human Rights Law here: https://law.nd.edu/academics/llm-international-human-rights-law/

Wagner Student Jo Al Khafaji-King Named 2024 National Academy of Education/Spencer Dissertation Fellow

Jo Al Khafaji-King, a PhD candidate in Public Policy and Administration at NYU Wagner, was selected as one of 35  National Academy of Education (NAEd)/Spencer Dissertation Fellows , from a highly competitive pool of over 380 applicants. The fellowship supports scholars across disciplines whose dissertation topics focus on the improvement of education. 

In addition to financial support for their dissertation, as an NAEd/Spencer Dissertation Fellow, Al Khafaji-King will attend two NAEd professional development retreats and receive mentorship from an NAEd member or other esteemed scholar.

Al Khafaji-King is also a Institute of Education Sciences-funded Predoctoral Interdisciplinary Research Training (IES-PIRT) fellow. Framed by the economics of education and sociology literature, their studies focus on discipline policies and behavior management in K-12 schools in the U.S. and their effects on marginalized students. 

Israeli attack on Rafah tent camp kills 45, prompting global outcry

An Israeli airstrike triggered a massive blaze killing 45 people in a tent camp in the Gaza city of Rafah, officials said on Monday, prompting an outcry from global leaders who urged the implementation of a  World Court order  to halt the assault.

In scenes grimly familiar from a  war in its eighth month , Palestinian families rushed to hospitals to prepare their dead for burial after the strike late on Sunday night set tents and rickety metal shelters ablaze.

Israel said  initial investigations  showed an attack against commanders of the Hamas militant group set off the fire.

Survivors said families were preparing to sleep when the strike hit.

"We were praying ... and we were getting our children's beds ready to sleep. There was nothing unusual, then we heard a very loud noise, and fire erupted around us," said Umm Mohamed Al-Attar, a Palestinian mother in a red headscarf.

"All the children started screaming. ... The sound was terrifying; we felt like the metal was about to collapse on us, and shrapnel fell into the rooms."

The attack took place in the Tel Al-Sultan neighborhood, where thousands were sheltering after Israeli forces began a  ground offensive  in the east of Rafah over two weeks ago.

Video footage obtained by Reuters showed a fire raging in the darkness and people screaming in panic. A group of young men tried to haul away sheets of corrugated iron and a hose from a single firetruck began to douse the flames.

More than half of the dead were women, children, and elderly people, the Hamas-controlled Gaza Health Ministry said, adding that the death toll was likely to rise from people with severe burns.

Israel's military said Sunday's strike, based on "precise intelligence," had eliminated Hamas' chief of staff for the second and larger Palestinian territory, the West Bank, plus another official behind attacks on Israelis.

That followed the interception of eight rockets fired towards Israel from the Rafah area.

Israel has kept up attacks despite a ruling by the  top U.N. court  Friday ordering it to stop, arguing that the court's ruling grants it  some scope  for military action there.

French President Emmanuel Macron said he was "outraged" over Israel's latest attacks. "These operations must stop. There are no safe areas in Rafah for Palestinian civilians," he said on X.

Germany's foreign minister, Annalena Baerbock, and the EU foreign policy chief, Josep Borrell, said the International Court of Justice ruling must be respected. "International humanitarian law applies for all, also for Israel's conduct of the war," Baerbock said.

No safe zone

By daylight, the camp was a smoking wreckage of tents, twisted metal and charred belongings.

Women wept and men held prayers beside bodies in shrouds.

Sitting beside bodies of his relatives, Abed Mohammed Al-Attar said Israel lied when it told residents they would be safe in Rafah's western areas. His brother, sister-in-law and several other relatives were killed in the blaze.

"The army is a liar. There is no security in Gaza. There is no security, not for a child, an elderly man, or a woman. Here he (my brother) is with his wife, they were martyred," he said. "What have they done to deserve this? Their children have been orphaned."

Hospitals in Rafah, including the International Committee of the Red Cross field hospital, were unable to handle all the wounded, so some were moved to hospitals in Khan Younis farther north in Gaza for treatment, medics said.

The Palestinian Ministry of Foreign Affairs based in the West Bank condemned "the heinous massacre."

Israeli tanks continued to bombard eastern and central areas of the city in southern Gaza on Monday, killing eight, local health officials said. In Al-Nuseirat camp in central Gaza Strip, an Israeli attack killed three Palestinian police officers, Gaza's Interior Ministry said.

More than 36,000 Palestinians have been killed in Israel's offensive, Gaza's Health Ministry says. Israel launched the  operation  after Hamas-led militants attacked southern Israeli communities on Oct. 7, killing around 1,200 people and seizing more than 250 hostages, according to Israeli tallies.

Israel says it wants to root out Hamas fighters holed up in Rafah and rescue hostages it says are being held in the area.

But it faces global condemnation for failing to spare civilian lives.

"On top of the hunger, on top of the starvation, the refusal to allow aid in sufficient volumes, what we witnessed last night is barbaric," Ireland's Foreign Minister Micheal Martin said.

Egypt condemned the Israeli military's "deliberate bombing of the tents of displaced people," state media reported, describing it as a blatant violation of international law.

Saudi Arabia and the United Arab Emirates also condemned the Israeli attack and Qatar said the Rafah strike could hinder efforts to mediate a cease-fire and hostage exchange.

Israeli tanks have probed around the edges of Rafah, near the crossing point from Gaza into Egypt, since May 6 and have entered some of its eastern districts.

Contributing: Dan Williams and James Mackenzie in Jerusalem; Jana Choukeir and Clauda Tanios and Mohammed Salem; Gabrielle Tétrault-Farber in Geneva; Tassilo Hummel.