مشاريع طلاب ربيع 2024 _ S24
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 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
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
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
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
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