مشاريع طلاب خريف 2022 _ F22
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
"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 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