مشاريع طلاب خريف 2024 _F24
دور التدابير المؤقتة لمحكمة العدل الدولية في وقف انتهاكات حقوق الإنسان دراسة تطبيقية على التدابير المؤقتة المفروضة بين عامي 1993 – 2024
The Role of Provisional Measures of the International Court of Justice in Halting Human Rights Violations: An Empirical Study on Provisional Measures Imposed between 1993 – 2024
This research evaluates the effectiveness of provisional measures issued by the International Court of Justice (ICJ) in halting human rights violations through a theoretical and applied analytical approach. The theoretical section examines the legal nature of provisional measures under Article 41 of the ICJ Statute in addition to the Rules of Court, emphasizing their binding character post the LaGrand case (2001) and the conditions for their issuance, including prima facie jurisdiction, plausibility of rights, and urgency. The applied section analyzes four prominent cases: Bosnia and Herzegovina v. Yugoslavia (1993-2007), LaGrand (Germany v. United States, 1999-2001), Georgia v. Russian Federation (2008-2011), and Ukraine v. Russian Federation (2017-2024). Through these cases, the research seeks to determine the extent to which states comply with orders for provisional measures in addition to monitoring the challenges that affect ensuring full compliance, and to study the actual effectiveness of provisional measures in halting or reducing human rights violations in the absence of a direct enforcement mechanism.
إعداد الطالب حيان عبد الكريم إبراهيم
إشراف الأستاذة الدكتورة أمل يازجي
أثر التدابير القسرية الانفرادية على برامج المساعدات النقدية في الجمهورية العربية السورية
The Impact of Unilateral Coercive Measures on Cash Assistance Programs in the Syrian Arab Republic
Unilateral coercive measures imposed on countries constitute a blatant violation of international law as stipulated in the United Nations Charter. Despite the clarity of the United Nations' purposes and principles and the recommendations of the General Assembly in its relevant resolutions, some countries and regional entities continue to use these measures against certain nations, including the Syrian Arab Republic, with the aim of subjecting them politically and economically.
The repercussions of these measures are evident not only in human rights violations but also in hindering the delivery of humanitarian aid, particularly cash assistance provided to vulnerable groups. This assistance plays a crucial role in supporting individuals' basic needs until they can resume livelihood activities and avoid resorting to negative coping mechanisms due to poverty.
Despite the main entities imposing unilateral coercive measures expressing their commitment to providing legitimate humanitarian support through sanctions exemptions, it is evident in practice, through the response of international organizations working in Syria, that these exemptions do not function as intended. Instead, they hinder humanitarian response and have a significant impact on Syrian civilians by obstructing the operations of humanitarian actors, including cash assistance programs. Therefore, understanding these implications is crucial to ensuring the protection of individuals' rights and enhancing their well-being amidst the deteriorating humanitarian situation, the worsening economic crisis, and the need for a large segment of the Syrian population for cash support to ensure continuity and access to basic services.
إعداد: الطالبة أمينة الشققي
إشراف: الدكتور ياسر حسن كلزي
أثر التدابير القسرية الانفرادية على برامج المساعدات النقدية في الجمهورية العربية السورية
الضوابط القانونية لفقـدان الحماية للمدنيين أثناء المشاركة المباشرة في العمليـات القتاليـة
(دراسة تطبيقية على بعض القضايا أمام المحاكم الدولية)
Legal controls on the loss of protection for civilians during direct participation in combat operations (an applied study on some cases before international courts)
Armed conflicts throughout history have carried with them increasing difficulties. International humanitarian law accompanies them with its rules. There are many phenomena accompanying armed conflicts, which complicate the interpretation of this law's dealings with them. With the extension of fighting to residential communities, civilians have become both influential and affected by armed conflicts, and the phenomenon of direct civilian participation in hostilities has emerged as a behavior that has sparked significant legal controversy, which our research is now part of it.
The research focuses on the absolute right of civilians to enjoy protection from the effects of hostilities and addresses questions that undermine the principle of distinction in international humanitarian law.
We read in the research about what international humanitarian law states regarding the protection of civilians from direct attacks, the conditions under which they lose this protection and are targeted without legal accountability, the limits of this loss, and its consequences for them. This includes defining them and distinguishing them from combatants, through an overview of the historical timeline for codifying their protection and the evolution of their legal status, and taking a detailed look at the nature, limits, and description of the act that deprives them of the right to legal protection from combat targeting. We analyze what has been presented in a number of cases before international courts on this matter, alongside reading between the lines of international jurisprudence and attempting to infer the other side of the international judicial description of the studied cases, aiming to reach a panoramic understanding of what international courts have stated.
إعداد: الطالب عبد العظيم زهير البكـــور
إشراف: الدكتور أحمد طـوزان
أثر الامتثال المفرط للتدابير القسرية الانفرادية على حقوق الإنسان " دراسة تطبيقية على التدابير القسرية الانفرادية المفروضة على فنزويلا "
THE IMPACT OF OVERCOMPLIANCE WITH UNILATERAL COERCIVE MEASURE ON HUMAN RIGHTS " UNILATERAL COERCIVE MEASURE IMPOSED ON VENEZUELA AS A CASE STUDY"
This research examines and analyzes the impacts of overcompliance with unilateral coercive measures on the human rights system, by examining the case of coercive measures imposed on Venezuela, as one of the countries most exposed to this type of measures in recent years.
Although these measures are imposed outside the framework of international legitimacy and without the mandate of the Security Council, and are justified as aimed at protecting democracy and human rights, reality reveals that overcompliance with them by States, financial institutions and corporations goes beyond the scope of the original measures, leading to violations of various types of civil, political, economic and social rights.
This research focuses on the concept of overcompliance, which occurs when actors over-implement measures, exceeding the limits set by states that have imposed these measures, halting economic transactions, disrupting remittances, or withholding goods and services, including those exempted for humanitarian purposes, and restricting a range of economic and social rights, most notably the rights to food, health, and education, as well as infringing on civil and political rights, such as freedom of expression and the right to a fair trial.
In terms of civil and political rights, increasing external pressure has led to the restriction of public freedoms, the restriction of civil society organizations, and the curtailment of media freedoms, that results show how coercive measures can undermine civil and political rights within the target state.
The research concluded that excessive compliance with unilateral coercive measures produces a complex reality in which human rights violations overlap at multiple levels, making these measures a tool of collective punishment.
إعداد : الطالب أحمد عبد الوهاب شمس
إشراف: الدكتور ياسر حسن كلزي