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    • أثر التدابير القسرية الانفرادية في تمويل وعمل بعض البرامج والمنظمات الإنسانية في سورية - دراسة تطبيقية على مكتب الأمم المتحدة لتنسيق الشؤون الإنسانية في سورية (OCHA)

      The Impact of Unilateral Coercive Measures on Humanitarian Aid and Development in Syria, OCHA Syria as a Case Study

      This research examines "The Impact of Unilateral Coercive Measures on the Funding and Operations of Humanitarian Organizations in Syria" through a case study of the United Nations Office for the Coordination of Humanitarian Affairs (OCHA). The study is set against the backdrop of Syria’s political and economic crisis, which has persisted for thirteen years, resulting in a significant deterioration of social and economic conditions and exacerbating the suffering of the Syrian people. In this context, Western countries have imposed unilateral coercive measures—including economic sanctions, asset freezes, and travel bans—with the aim of pressuring the Syrian government. However, the adverse effects of these measures have extended to the humanitarian organizations operating in the country.

      The research aims to assess the impact of these measures on the funding of humanitarian organizations and their ability to deliver timely and effective assistance. It focuses on several critical humanitarian sectors, including early recovery and livelihoods, protection, education, health, food security and agriculture, as well as shelter, water, and sanitation, in addition to examining the measures’ effect on the return of Syrian refugees.

      The study adopts a descriptive-analytical methodology to establish its theoretical framework, followed by a survey approach to collect data through questionnaires, with the analysis performed using SPSS software. The research is structured into three main sections: the first addresses the legal foundations of unilateral coercive measures and the concept and financing mechanisms of humanitarian organizations; the second reviews the impact of these measures on Syria and on the funding of humanitarian organizations; and the third presents an applied study of the effects on OCHA’s operations.

      The findings indicate that unilateral coercive measures constitute a major obstacle for humanitarian organizations, as they face challenges in obtaining exemptions and in dealing with third parties such as banks and suppliers, which disrupts humanitarian and development programs. Consequently, the study highlights the need to reconsider the implementation mechanisms of these measures and to develop more flexible financing strategies and coordination processes to ensure the continuity of humanitarian assistance and to alleviate the suffering of the Syrian population.

      إعداد: الطالب أنس عبد المنعم منصور

      إشراف: الدكتور ياسر حسن كلزي

      أثر التدابير القسرية الانفرادية في تمويل وعمل بعض البرامج والمنظمات الإنسانية في سورية - دراسة تطبيقية على مكتب الأمم المتحدة لتنسيق الشؤون الإنسانية في سورية (OCHA)

    • أثر استخدام تقنيات الذكاء الإصطناعي على قواعد حماية المدنيين في النزاعات المسلّحة - دراسة تطبيقية على استخدام الجيش الإسرائيلي لمنصة جوسبيل (The Gospel) في الأراضي الفلسطينية المحتلة

      The Impact of Artificial Intelligence Technologies on the Rules of Civilian Protection in Armed Conflicts: - An Applied Study on the Israeli Army's Use of The Gospel Platform in the Occupied Palestinian Territories

      In recent years, the unprecedented development of artificial intelligence (AI) technology has enabled machines to perform tasks traditionally carried out by humans across all fields of life. Moreover, in many cases, these machines have surpassed human capabilities through their ability to store, process, and analyze data. However, as technology is a double-edged sword, this advancement has not solely brought benefits to humanity but has also introduced significant risks. Among these risks is the use of AI in developing military systems and managing warfare.

      AI has changed the traditional concept and design of weaponry, introducing autonomous combat robots and autonomous weapons capable of precisely identifying and attacking their targets. With AI-powered systems, states can now prepare for comprehensive wars by analyzing vast amounts of data and providing recommendations to human analysts, saving time and effort. Consequently, the use of AI in weapon manufacturing has been described as the greatest revolution in the history of military affairs at the beginning of the 21st century.

      This necessitates an exploration of the role of international humanitarian law (IHL) in restricting or prohibiting these advanced technologies to assess their legality in light of the fundamental principles upon which IHL is founded. This will be discussed in the theoretical section of this research. In the context of the use of the Gospel platform by Israeli occupation forces during their operations in Gaza, it can be described as the first AI war, in which the Israeli occupation is making significant and rapid strides in integrating artificial intelligence into its military, intelligence, and operational frameworks for both defensive and offensive activities. The aim is to leverage AI's unique capabilities—which surpass human capacities—to bolster its own operational effectiveness, particularly in the realms of military intelligence and target identification. We will investigate the compatibility of using this platform, which employs artificial inte­­­­­­­­­­­­­­lligence technologies for target identification and strikes, with those principles. We will clarify its intended purpose, operational mechanisms, and its use in the second section of this research.

      إعداد: الطالبة هدى علي سلامي

      إشراف: الدكتور أحمد أسعد عمر

      أثر استخدام تقنيات الذكاء الإصطناعي على قواعد حماية المدنيين في النزاعات المسلّحة - دراسة تطبيقية على استخدام الجيش الإسرائيلي لمنصة جوسبيل (The Gospel) في الأراضي الفلسطينية المحتلة

    • المسؤولية الجزائية عن التسبب عمداً بخسائر عرضية في النزاعات المسلحة الدولية دراسة تطبيقية على قضية ستانيسلاف غاليتش أمام محكمة يوغسلافيا السابقة

      Criminal liability for intentionally causing incidental losses in international armed conflicts - An applied study on the case of Stanislav Galic in the former Yugoslav Tribunal

      Protecting civilians and civilian objects from the consequences of war is one of the primary goals and priorities of international humanitarian law, as it seeks to mitigate the suffering and aftermath of war on humanity. This protection is achieved by shielding civilians from both direct and indirect attacks. The focus of this study is on protecting civilians from indirect attacks, where civilians and civilian objects become incidental casualties resulting from indirect or indiscriminate attacks.

      Incidental losses in international armed conflicts are a complex and highly critical issue. In many cases, they are justified by military necessity and the impossibility of avoiding them, being considered an inherent aspect of war throughout history. However, under certain conditions defined by international humanitarian law, such losses may amount to serious violations of the laws and customs of war and could rise to the level of international crimes.

      International humanitarian law establishes criteria to distinguish between acceptable incidental losses and those that constitute grave breaches of the rules of international armed conflicts, warranting individual criminal responsibility. These criteria are based on the principles of distinction and proportionality, as well as the concept of military necessity. This research highlights the rules of international humanitarian law that protect civilians, civilian objects, and the natural environment from incidental losses when the principles of distinction and proportionality are violated during lawful or unlawful military operations.

      The research explores the concept of incidental losses, their types, and their differentiation from direct losses. It analyzes the relevant principles of international humanitarian law regarding incidental losses. Additionally, it examines the legal basis—both contractual and customary—addressing incidental losses, providing detailed analysis and insights into these foundations. The study further discusses how international humanitarian law works to protect civilians and civilian objects from incidental losses by preventing or minimizing their occurrence.

      The theoretical aspect of this research lays the groundwork for an applied dimension, focusing on an international trial that held military commander Stanislav Galić personally criminally responsible. The trial delved into aspects of incidental losses from the perspectives of the court, prosecution, and defense. Through this case study, the research explains how international criminal law applies and enforces international humanitarian law. It concludes with recommendations and findings regarding incidental losses, aiming to enhance the protection of civilians and civilian objects from the devastations of war and its consequences.

      إعداد:  الطالب معاوية محمد معتز السبيني

      إشراف:  الأستاذة الدكتورة أمل يازجي

      المسؤولية الجزائية عن التسبب عمداً بخسائر عرضية في النزاعات المسلحة الدولية دراسة تطبيقية على قضية ستانيسلاف غاليتش أمام محكمة يوغسلافيا السابقة

    • دور المُنظمات غير الحكوميّة في حِمايةِ الأشَخاص ذوي الإِعاقة في النّزاعات المُسلّحة – (دراسةٌ تطبيقيةٌ عَلى عَملِ المُنظمات غير الحكوميّة في الجمهوريّة العربيّة السّوريّة)

      The Role of Non-Governmental Organizations in the Protection of Persons with Disabilities in Armed Conflict - (Case Study on the Work of Non-Governmental Organizations in the Syrian Arab Republic)

      The international community (IC) and national governments recognized that the general legal systems had been insufficient to protect persons with disabilities (PWDs), especially in situations of risk, including armed conflicts and humanitarian emergencies. This shortcoming necessitated the adoption of special international legal instruments, along with specific national legislation and policies in order to constantly provide persons with disabilities (PWDs) with the most comprehensive possible integral protection. This existing protection must be implemented by all actors concerned with disability issues, which include organizations of persons with disabilities (OPDs) and their representative organizations, owing to the significant role they play in the provision of key services and programms, such as prevention, habilitation, rehabilitation, and empowerment, aiming at fulfilling the right to health, quality education, decent work, living independently, and comprehensive (full) integration.        

      Furthermore, these national disability organizations are conducting advocacy activities and raising-awareness campaigns on both the international and national rights of persons with disabilities among the persons with disabilities themselves, their own families, and the community as a whole in order to guarantee that persons with disabilities (PWDs) the preservation of their own human dignity, equality with others, and to ensure non-discrimination in practice even in the most dire circumstances.

      The research aims to examine the effectiveness of the role of our national non-governmental organizations in safeguarding the rights of persons with disabilities, as well as in mitigating the effects of armed conflicts upon them through conducting a case study on a number of organizations of persons with disabilities (OPDs) and their representative organizations in the Syrian Arab Republic.

      This study involves a review of these national non-governmental organizations and an analysis of their contributions to legal and social protection of persons with disabilities based on the type severity of the disability, as well as to the surrounding circumstances in the context of the Syrian humanitarian crisis. Scrutinising their implementation of the Human Rights-Based Social Model, which is activated in peace as well as in situations of risk, in their approaches to providing services as stipulated in the Complementarity Model that binds the international human rights law (IHRL) with the international humanitarian law (IHL) in times of danger.  

      Eventually, the study concludes with several outcomes and recommendations, which shall help enhance the role of national non-governmental disability organizations, in particular in times of danger, including the armed conflicts and humanitarian emergencies.  

      إعداد: الطالبة دانيا وسيم الحكيم

      إشراف: الدكتور ياسر حسن كلزي

      دور المُنظمات غير الحكوميّة في حِمايةِ الأشَخاص ذوي الإِعاقة في النّزاعات المُسلّحة – (دراسةٌ تطبيقيةٌ عَلى عَملِ المُنظمات غير الحكوميّة في الجمهوريّة العربيّة السّوريّة)

    • الحماية القانونية الدولية لحق الأطفال في التعليم خلال النزاعات المسلحة - دراسة تطبيقية على حق الأطفال في التعليم خلال النزاع المسلح في جمهورية السودان
       
      International legal protection of children's right to education during armed conflicts - An applied study on the right of children to education during the armed conflict in the Republic of Sudan

       

      The right to education is a fundamental human right that is guaranteed to all without discrimination. States are obligated to provide appropriate education, implement this right, and make it available to all individuals. Armed conflicts today are a major cause of the disruption and complete cessation of the right to education, which has extremely serious consequences for millions of children as a result of their deprivation of their basic right to education. Students are exposed to killing and sexual violence in addition to being recruited into armed conflict. Schools are also closed and targeted by bombing and indiscriminate attacks and converted to military use. This raises questions about the legal frameworks that provide protection for the right to education during armed conflicts and their adequacy, in light of the limited knowledge of these rules, considering that the right to education is one of the rights that are often neglected by parties to the conflict despite its great importance. Accordingly, the research seeks to address the concept of education and the international and regional conventions that address it within their texts, while identifying the legal texts that provide protection for the right to education during armed conflicts in both international humanitarian law and international human rights law, which include rules that provide legal frameworks that complement each other in ensuring protection for the right to education during armed conflict, and also indicate the obligations of the parties to the armed conflict to work to protect this right. In light of reviewing the theoretical framework of the right to education during armed conflicts, the research addressed, through an applied study, the status of the right to education during armed conflict in the Republic of Sudan. During it, the repercussions of armed conflict on the right to education were addressed, with the application of the legal texts contained in international humanitarian law and international human rights law that ensure protection for the right to education. The research concluded that international humanitarian law includes many texts that apply general protection to the right to education. In light of the lack of specific texts to protect the right to education in international humanitarian law, international human rights law, with all the guarantees and obligations it provides in its texts to implement human rights, appears as a framework that protects the right to education, given that it applies during armed conflict. Therefore, work should be done to strengthen the mechanism for monitoring human rights violations with regard to the right to education during armed conflicts, in light of the parties to the conflict not respecting their legal obligations under international humanitarian law.

      إعداد: الطالبة قمر نافذ شحيدة

      إشراف: الدكتورة إيمان حمدان

      الحماية القانونية الدولية لحق الأطفال في التعليم خلال النزاعات المسلحة - دراسة تطبيقية على حق الأطفال في التعليم خلال النزاع المسلح في جمهورية السودان

    • التأثيرُ السلبيّ للتدابيرِ القسريّةِ الأُحاديّةِ الجانبَ على قطاعِ تكنولوجيا المعلوماتِ والاتصالاتِ في الجمهوريّةِ العربيّةِ السوريّةِ
      The Negative Impact of Unilateral Coercive Measures on the ICT Sector in the Syrian Arab Republic

      Technology has changed human life and contributed to its evolution, as it is no longer merely a welfare but it became an urgent need to realize human rights principles and to promote a set of important values such as dignity, justice, equality and respect.

      Technology plays an important role in developing sectors by providing skills that support human resources, creating digital inclusion to ensure that all members of society have access to using ICTs, including vulnerable groups, and exercise their rights to communicate, knowledge and benefit from the advantages of scientific and technological progress.

      Digital rights have gained the international community's attention and have been recognized as collective international rights as important as the rights of the three generations, including the right to privacy and the protection of personal data on the Internet.

      Since the ICT sector is one of the important sectors that contributes to the growth of the Syrian economy, it is certainly targeted by the unilateral coercive measures imposed on Syria by United States of America and some Western countries. These measures have been expanding since 2011, and increasing with the entry into force of Caesar Act in 2020, which banned third-countries’ transactions with Syria.

      Unilateral coercive measures imposed on Syria constitute a breach to the United Nations Charter of 1945 in the principle of non-interference in internal affairs of states, and the Charter of Economic Rights and Duties of States proclaimed by the General Assembly in 1974. Also, the Declaration in 1981 that stipulates refraining from exploiting and distorting human rights issues with the aim of interfering in the States’ internal affairs.

      This study reviewed the forms of unilateral coercive measures on the ICT sector that hindered the development of Syria's telecommunications infrastructure and imposed restrictions on the import of equipment and technology necessary for the modernization and development of telecommunications networks, which is delaying the implementation of new projects and increasing the complexity in the maintenance and development of existing infrastructure. Its negative impact has come out in important aspects affecting technology and communications services, as mobile, fixed telephone and internet services.

      The negative impact of these measures extended to prevent the supply of modern technologies that help to detect Information Crimes, and the supply of medical technologies and modern applications. In addition to the blocking of services of global educational platforms.

      All these factors together are hampering the progress of Syria's technology and communications sector, and undermining opportunities for sustainable development.

      The Syrian government sights to overcome these obstacles by enhancing international cooperation, and developing local technologies that meet the needs of Syrians without relying on external sources affected by coercive measures.

      إعداد: الطالبة سميحة سليم الصالح

      إشراف:  الدكتور ياســـر حسن كلزي

      التأثيرُ السلبيّ للتدابيرِ القسريّةِ الأُحاديّةِ الجانبَ على قطاعِ تكنولوجيا المعلوماتِ والاتصالاتِ في الجمهوريّةِ العربيّةِ السوريّةِ

       
    View only 'Topic 1'
    • الضوابط القانونية لاحتجاز المدنيين في النزاعات المسلحة - دراسة تطبيقية على ممارسات القوات البريطانية والأمريكية في أفغانستان والعراق

       Legal controls for the detention of civilians in non-international armed conflicts
      An applied study on the practices of British and American forces in Afghanistan and Iraq

      In recent decades, the world has witnessed an increase in non-international armed conflicts, leaving behind a massive number of innocent lives and impacting the social and economic fabric of many countries. One of the most controversial aspects of these conflicts is the detention of civilians by armed forces, whether international or local. Detention, in the complex circumstances of conflict, raises numerous questions about rights, duties, and the legal rules that should be applied. This study delves into this issue with a critical approach, examining the legal framework for the detention of civilians in non-international armed conflicts and the role played by international forces, particularly the American and British forces, in this context. The study aims to shed new light on this sensitive topic and reach conclusions that may contribute to shaping the future of international humanitarian law in this area.

       

      The research problem revolves around the continuous and complex challenge of civilian detention by armed forces in non-international conflicts, whether by local forces or international forces intervening within or outside the framework of international legitimacy. The pressing question is to what extent armed forces, especially international forces, can detain civilians under international humanitarian law, and how to balance the rights and freedoms of civilians with the security and strategic needs of the states and forces involved in the conflict. Additionally, challenges related to the application and interpretation of international humanitarian law in this context, especially concerning potential gaps and ambiguities in legal texts, are addressed. The study seeks to understand and analyze these challenges and questions, building a deeper understanding of the standards and practices related to the detention of civilians in non-international armed conflicts, and searching for legal and ethical answers to these complex issues.

      إعداد: الطالب معاذ الصباغ

      إشراف: الأستاذ الدكتور ياسر كلزي

      الضوابط القانونية لاحتجاز المدنيين في النزاعات المسلحة - دراسة تطبيقية على ممارسات القوات البريطانية والأمريكية في أفغانستان والعراق

    • مُهدّدات الأمن الغذائيّ في النّزاعات المُسلّحة وأوجهُ حمايتِه في القانونِ الدّولي الإنسانيّ - دراسةٌ تطبيقيةٌ على النّزاع المُسلّح في اليَمن
        Threats to Food Security in Armed Conflicts and its Protections under International Humanitarian Law-
      Applied Study on Armed Conflict in Yemen

      The question of the role of international humanitarian law (IHL) and the adequacy of its rules in providing protection for food security and preventing food insecurity in armed conflicts arises as an essential aspect of protecting victims, which is the ultimate purpose of this branch of law. This research addresses this question and seeks to give answers. To that end, it initially overviews the concept of food security and its dimensions in technical terms, then delves into the degrees, stages and hazards of food insecurity and its correlation with hunger and malnutrition. This approach sets the ground to analyze the threats to food security in armed conflicts, how they destabilize the dimensions of food security and the implications for the lives and survival of the affected people.

      The research then reviews the primary threats to food security posed by the conduct of parties to armed conflict and the use of means and methods of warfare; it also reviews, on the other hand, the rules of international humanitarian law that contain multiple protections to avert such threats from causing or exacerbating food insecurity.

      Based on this theoretical ground, the research examines the situation of armed conflict in Yemen as case study, overviewing the state of food security at several stages of the conflict using data from the Integrated Phase Classification of Food Security.

      In light of these data, the research further analyzes instances of the behaviour of the parties to the conflict and how this behavior throughout certain stages induced a food crisis that reached the threshold of famine. Accordingly, the research evaluates the adequacy and efficacy of relevant IHL rules that protect against food insecurity. ........ 

      إعداد : وائل مروان بدين

      إشراف: الدكتور ياسر حسن كلزي

      مُهدّدات الأمن الغذائيّ في النّزاعات المُسلّحة وأوجهُ حمايتِه في القانونِ الدّولي الإنسانيّ - دراسةٌ تطبيقيةٌ على النّزاع المُسلّح في اليَمن

    • دور الجمعيات الوطنية في تعزيز قواعد القانون الدولي الإنساني" - دراسة تطبيقية على " منظمة الهلال الأحمر العربي السوري "
       “The role of National Societies in strengthening the rules of international humanitarian law” - A Case Study on “The Syrian Arab Red Crescent”

      The main idea of the research is focused on highlighting the role of The National Societies in applying and disseminating the rules of international humanitarian law by reviewing the concept of National Societies, the mechanism of their work, and the legal instrument for their establishment according to the Statute of the International Red Cross and Red Crescent Movement. In addition to the achievements of these Societies which they have made since their creation and which have contributed in publishing and developing the rules of international humanitarian law.

      The research also reviews the role of the Syrian Arab Red Crescent as an effective example of these national societies by highlighting its field work within the period of armed conflict in the Syrian Arab Republic extending from 2011 - 2023 in accordance with the legal framework regulating this work, and the great efforts which they have made In this period, whether in coordination with other components of the International Red Cross and Red Crescent Movement, or with the help of other components of the international community which they are working on the territory of the Syrian Arab Republic in order to implement and disseminate the rules of international humanitarian law in accordance with the basic principles of the movement.

      The research concludes with many results and recommendations that help to achieve its desired goal.

      إعداد : الطالبة عبير محمد السهلي

      إشراف : الدكتورة رنا خاروف

      دور الجمعيات الوطنية في تعزيز قواعد القانون الدولي الإنساني" - دراسة تطبيقية على " منظمة الهلال الأحمر العربي السوري"

    • مسؤولية دول الحياد المؤقت عن تزويد أطراف النزاع المسلح الدولي بالسلاح - (دراسة تطبيقية: الدول المحايدة الموردة للسلاح لأطراف النزاع الروسي الأوكراني)

       The Responsibility of the temporary neutral countries for supplying arms to the parties in an international armed conflict - (case study: Neutral Countries that Supply Arms to the Parties   "Russian-Ukrainian Conflict")

       The law of neutrality is traditionally viewed as a part of the law of war, along with international humanitarian law. It is rooted in customary law and codified in the Fifth and Thirteenth Hague Conventions of 1907, in addition to other agreements, all of which set rights and duties in light of the so-called Law of Neutrality.

        At its core, the law of neutrality has main objectives that include: protecting neutral states in an international armed conflict, ensuring that neutral states do not support states parties to the conflict militarily, in addition to maintaining a normal relationship between neutral states and states parties to the conflict.

        One of the most prominent features of the law of neutrality is that it obliges neutral states to prevent the use of their territories, including airspace and waters subject to their territorial sovereignty, by states parties to the conflict.

       In the case that fighters belonging to any ones of party enter neutral territory, the neutral state must detain them. The Third Geneva Convention also stipulates that they should be treated as prisoners of war. The parties to the conflict must, in turn, respect the sanctity of neutral territory and not move troops or convoys of ammunition or supplies through the territory of a neutral state. ........ 

       This research deals with the responsibility incurred by neutral countries when they supply the parties of the conflict with weapons, and studies the supply operations that took place in the Russian-Ukrainian war, whether to Russia or Ukraine, by the neutral countries.

      إعداد: الطالبة دلال محمد المحسن

      إشراف: الأستاذة الدكتورة أمل يازجي

      مسؤولية دول الحياد المؤقت عن تزويد أطراف النزاع المسلح الدولي بالسلاح - (دراسة تطبيقية: الدول المحايدة الموردة للسلاح لأطراف النزاع الروسي الأوكراني)

    View only 'Topic 2'
    • التعليق على اتفاقية جنيف الرابعة بشأن حماية الأشخاص المدنيين في وقت الحرب 1949 (المجموعة الأولى والثانية)

      Commentary on the Fourth Geneva Convention relative to the Protection of Civilian Persons in Time of War 1949 (First and second Group)

      More than sixty years after the publication of the original commentaries on the four Geneva Conventions of 1949, by the International Committee of the Red Cross, based on its role in understanding and dissemination of knowledge of international humanitarian law, including the Fourth Geneva Convention, which is the first convention on the protection of civilians in time of war, where These comments were respected and considered as reference interpretations of these conventions, and as a result of the development of current armed conflicts in the world, and the scourge they bring on protected persons, gaps appeared in application as a result of the passage of time and the development of practice، The International Committee of the Red Cross launched the Commentary Update project, which is a pivotal point of practical importance, in order to reach a correct understanding of the provisions of this agreement in light of current developments. In commenting to fill all the gaps, in cooperation with a large group of other actors that dealt with the interpretation of conventions and protocols, in particular states, national and international courts, arbitral tribunals, international organizations, components of the Red Cross and Red Crescent movement, non-governmental organizations and academics, To clarify current practices, judicial precedents, and what is related to the application of the provisions of this agreement from other branches of international law, in order to achieve a comprehensive study and take note of all contemporary changes.

      The importance of this comment stems from the importance of the Fourth Geneva Convention, and the provisions it contains for the protection of civilians in the territories of the parties to the conflict or in the occupied territories, and the urgent need to ensure their application, as the comment خ helps in understanding the articles of the Convention and their correct interpretation and how to apply them by those concerned, and constitutes a positive step In order to avoid gaps resulting from the wrong application, despite the exploitation of these gaps by some parties concerned , to evade their obligations, such as exploiting their wide discretionary power, or circumventing the text, and others..... However, this does not diminish its importance, although it indicates the need to find effective mechanisms to hold violators accountable, or to reconsider the wording of some articles if possible. However, the continuous repetition of updating the comments helps to take note of all the changes in a way that is appropriate to the provisions of the Convention, and bridges the gap between the law on Paper and its application on the ground, to achieve the purpose of the Convention, which is to protect civilians in time of war.

      إعداد : الطالبة رغد ميلاد بطاح

      إشراف: الدكتور ياسر حسن كلزي

      التعليق على اتفاقية جنيف الرابعة بشأن حماية الأشخاص المدنيين في وقت الحرب 1949 (المجموعة الأولى والثانية)

    • "الممارسة الفعلية للقواعد العرفية المتعلقة بمبدأ التمييز في الجمهورية العربية السورية"

      "The actual practice of customary rules related to the principle of distinction in Syrian Arab Republic"

      The principle of distinction between civilians and combatants considered the essence of international humanitarian law. It concerned with preserving human life, which is a sacred right and the supreme goal of international humanitarian law. It includes acknowledgment of the prohibition of targeting civilians except in the event of their participation in hostilities and for the duration of this participation. It also permitted the right to target combatants during hostilities. The principle of distinguishing between civilians and combatants has TOP PRIORITY IN customary rules from Rule No. (1) To Rule No. (6).

      Syrian Arab Republic is one of the states, which has contributed to the enrichment of customary international humanitarian law. With practices in action and in words, especially with regard to the principle of distinction between civilians and combatants, and its practices constitute an important addition to be found within the database of state’s practices in the study conducted by the International Committee of the Red Cross. Syria is also a signatory to the four Geneva Conventions1949 and most of the conventions of 7 international humanitarian law: CWC1993, chemical Weapon Convention, Hague convention 1954, AP1 1977(Protection of Cultural Property), and convention on the rights of child 1989 and opt protcrc2000. Moreover, Syria ratified many other agreements that contribute to reducing the effects of wars and protecting people in a way general. This study contains an approximate statistic of many practices that are compatible with the contractual and customary rules in force around the world. It is logical that these practices should be in the record of the Syrian Arab Republic within the database of the International Committee of the Red Cross.

      إعداد: الطالب عبدو حسن ديب

      إشراف: الدكتور أحمد طوزان

      "الممارسة الفعلية للقواعد العرفية المتعلقة بمبدأ التمييز في الجمهورية العربية السورية"

    • دراسة الممارسات العرفية لتنفيذ قواعد القانون الدولي الانساني العرفي في الجمهورية العربية السورية (القواعد من 139 الى 161)

      Study the customary practices for implementing the rules of customary IHL in Syrian
      Arab Republic (Rules 139 to 161)

      This research examines the practices of Syrian Arab Republic which related to implementing the international hamartian law as set out in the ICRC study prepared in 2005, specifically on implementation and compliance (from rule 139 to 161 ).

      The study includes a review and analysis of a set of Syrian laws and legislations, national court decision, education curricula, military guide and other practices related to the implementation of customary international humanitarian law.

      We will also review the conventions related to international humanitarian law, which Syria has acceded to or ratified, in addition to clarifying the provisions of Syrian law related to criminal liability and compensation in case of any violations of customary international humanitarian law.

      This research includes five main ideas:

      - Compliance with international humanitarian law.

      - Enforcement of international humanitarian law.

      - Liability and compensation.

      - Individual responsibility.

      - War crimes

      These rules will be linked to the practices found Syrian Arab Republic.

      إعداد: الطالبة هدى عبدو حسن

      إشراف: الدكتور ياسر كلزي

      دراسة الممارسات العرفية لتنفيذ قواعد القانون الدولي الانساني العرفي في الجمهورية العربية السورية (القواعد من 139 الى 161)

    • دراسة تحليلية للعدالة الإصلاحية للطفل في حالة نزاع مع القانون بالتطبيق على محاكم الأحداث في الجمهورية العربية السورية

      Analytical study of the restorative justice of the child in conflict with the law, applied to juvenile courts in the Syrian Arab Republic

      The access to justice is one of the fundamental rights of the child. This was emphasized in The United Nations Rights of the Child (UNCRC) which was adopted in 1989 and all states are obliged to ensure that this right is well respected, and the best interest of the child is taken into consideration during the related procedures and decisions that concern the child. This principle aims at assessing the different effects and consequences of any decision whether negative or positive and to take them into account to achieve the development of the child.

      In the process of practicing this right, children might face several challenges. Considering that the child in the victim, the international community started to take actions and roll out discussions to explore solutions. 

      Great efforts were exerted to reach the idea of justice which consider the child and the concept of restorative justice for the child in conflict with law with full respect of the best interest of the child. Several resolutions were issued explaining the concept of restorative justice and mentioning its principles and conditions. ...........

      The research concludes that it is necessary to make greater efforts by amending the juvenile law and to establish correctional institutes and social service offices in ‌all governorates of the Syrian Arab Republic. Moreover, building the capacity of workers at the concerned authorities, including law enforcement officials, juvenile judges, and other workers at the correctional institutions is considered a priority. It is also necessary to amend the relevant laws to stipulate special rules for child victims and witnesses of crime.

      إعداد: الطالبة رغد مفيد ديب

      إشراف: الدكتور ياسر كلزي

      دراسة تحليلية للعدالة الإصلاحية للطفل في حالة نزاع مع القانون بالتطبيق على محاكم الأحداث في الجمهورية العربية السورية

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