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    • 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)

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    • 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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