مشاريع طلاب ربيع 2023 _ S23
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
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
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
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