Matching Items (8)
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- All Subjects: International Law
- All Subjects: War
- Creators: Rothenberg, Daniel
- Creators: Bowman, Diana
Description
On December 27, 2008, Israel began a military campaign codenamed Operation Cast Lead with an aerial bombardment of the Gaza Strip. On January 3, 2009, Israel expanded its aerial assault with a ground invasion. Military operations continued until January 18, 2009, when Israel implemented a unilateral cease fire and withdrew its forces. When the hostilities had ended, between 1,166 and 1,440 Palestinians had been killed as a result of Israeli attacks, two-thirds of whom are estimated to be civilians. Ensuing allegations of international human rights (IHR) and international humanitarian law (IHL) violations were widespread. Amidst these claims, the United Nations Human Rights Council (UNHRC) commissioned a fact-finding team, headed by South African jurist Richard Goldstone, to investigate whether the laws of war were infringed upon. Their findings, published in a document known colloquially as the Goldstone Report, allege a number of breaches of the laws of occupation, yet give a cursory treatment to the preliminary question of the applicability of this legal regime. This paper seeks to more comprehensively assess whether Gaza could be considered occupied territory for the purposes of international humanitarian law during Operation Cast Lead. In doing so, this paper focuses on exactly what triggers and terminates the laws of occupation`s application, rather than the rights and duties derived from the laws of occupation. This paper proceeds with a brief discussion of the history of the Gaza occupation, including Israel`s unilateral evacuation of ground troops and settlements from within Gaza in 2005, a historic event that sparked renewed debate over Israel`s status as an Occupying Power vis-à-vis Gaza. The following section traces the development of the laws of occupation in instruments of IHL. The next section considers the relevant international case law on occupation. The following section synthesizes the various criteria from the IHL treaty and case law for determining the existence of a situation of occupation, and considers their application to the Gaza Strip during Operation Cast Lead. The concluding section argues that Israel maintained the status of Occupying Power during Operation Cast Lead, and discusses the legal implications of such a determination.
ContributorsNaser, Sam (Author) / Simmons, William (Thesis advisor) / Sylvester, Douglas (Committee member) / Rothenberg, Daniel (Committee member) / Arizona State University (Publisher)
Created2011
Description
The civil war in Syria has caused over one million Syrians to flee to bordering countries seeking protection. One of the major causes of this exodus is the reality and fear of sexual violence. Sexual violence against Syrian women is life altering because of the high value the culture places on virtue and modesty; a woman who is known to have been raped faces shame, possible disenfranchisement by her family, and is at high risk for suicide and in some extreme, but few cases, being murdered by a family member in an honor killing. However, once these refugees arrive they are still threatened not only with sexual violence, but also with sexual exploitation. Sexual violence is devastating to women and families. The international community must work to combat it by helping host countries to prevent the violence, assist victims, prosecute perpetrators, and create safe environments for female refugees. Human rights advocates should look within the philosophy of Islam to encourage gender equality ethics already present therein.
ContributorsJohnson, Michelle Anne (Author) / Larson, Elizabeth (Thesis director) / Wheeler, Jacqueline (Committee member) / Rothenberg, Daniel (Committee member) / Barrett, The Honors College (Contributor) / Department of English (Contributor)
Created2013-05
Description
In 2021, Palestine will have been under official Israeli occupation for 54 years. As conflict persists between the two populations, it is becoming increasingly difficult to imagine a peaceful resolution. As international legal bodies have failed to bring an end to the occupation, the Israeli government continues to carry out extensive violations of human rights against the Palestinians. One significant consequence of the occupation has been the Palestinians’ lack of access to safe and reliable water, a problem that is continuing to worsen as a result of climate change and years of over-utilization of shared, regional water resources. Since the occupation started, international organizations have not only affirmed the general human right to water but have overseen several peace agreements between Israel and Palestine that have included stipulations on water. Despite these measures, neither water access nor quality has improved and, over time, has worsened. This paper will look at why international law has failed to improve conditions for Palestinians and will outline the implications of the water crisis on a potential solution between Israel and Palestine.
ContributorsTimpany, Grace Louise (Author) / Haglund, LaDawn (Thesis director) / Rothenberg, Daniel (Committee member) / School of Politics and Global Studies (Contributor, Contributor, Contributor) / School of Sustainability (Contributor) / School of Social Transformation (Contributor) / Barrett, The Honors College (Contributor)
Created2021-05
Description
ASU student Bandok Lul (Nuer) rehearses a pitch for Refugee Coding Academy. “Lost Boys Found” is an ongoing, interdisciplinary project that is collecting, recording and archiving the oral histories of the Lost Boys/Girls of Sudan. The collection is a work-in-progress, seeking to record the oral history of as many Lost Boys/Girls as are willing, and will be used in a future book.
ContributorsLul, Bandok (Actor) / Amparano, Julie (Director) / MacNeill, Harper (Cinematographer)
Created2017-03-29
Description
This thesis investigates the scope of the Law of the Sea in terms of managing deep-sea mining, mediating territorial sea disputes, and supporting a system of international cooperation to facilitate stable ocean governance. The application of the Law of the Sea to international marine matters is best exemplified through the United Nations Convention on the Law of the Sea (UNCLOS), a treaty that provides guidance and supervision over the ocean. UNCLOS will be the main legal framework for assessing the developments of deep-sea exploration for mineral extraction, overlapping territorial sea claims, and threats to ocean health. Analysis of past territorial claim disputes illustrates that claims arise from desires for ownership over plentiful natural resources located in disputed waters. This results in territorial sea disputes furthering the continuation of the supremacy of state sovereignty over international waters and disregarding how the ocean is an interconnected flowing element. The most transformative challenge facing the Law of the Sea is deep-sea mining, which threatens to disrupt entire marine ecosystems through invasive mining practices. I argue that by creating a polycentric mode of ocean governance, the health of the ocean (and the planet) will be preserved. At the end of the thesis, I will recommend that an interactive, transdisciplinary, participatory, and problem-solving model of governance combined with building on existing legal regimes is necessary to respond to the challenges raised in the Law of the Sea.
ContributorsSimper, Mlada (Author) / Bowman, Diana (Thesis director) / Comstock, Audrey (Committee member) / Barrett, The Honors College (Contributor) / Dean, W.P. Carey School of Business (Contributor) / School of International Letters and Cultures (Contributor)
Created2023-05
Description
The legal infrastructures of nations are built on sociocultural attitudes regarding the function, purpose, appropriate sources, and means of conceptualizing law. The discipline of legal anthropology aims to study conceptions of law cross-culturally. This study aims to understand the systems of social attitudes toward law which serve in constructing the socio-legal frameworks on which legal traditions and the types of legal institutions they beget are based. This examination is made through a case study of the ongoing formation of intergovernmental administrative infrastructure in the Arctic, through the lenses of three of its most influential stakeholders. By analyzing the actions of the governments of Canada, the United States, and the Russian Federation in regards to ratification of multilateral administrative instruments, such as the United Nations Convention on the Law of the Sea, rationales surrounding the implementation of a bilateral treaty to ameliorate Arctic disputes, as well as other tactics used to resolve said disputes, this study hopes to understand how sociocultural attitudes drive the formation of legal institutions. Analysis of the sociocultural attitudes which inform domestic and intergovernmental legal institutions will be done through historical examination of the legal traditions that underpin the standing legal institutions of each of these three states. This examination has demonstrated that Canada and the United States, which are members of the common law legal tradition, that prioritizes use of established precedent in legal decision making, appear more reticent to ratify measures of international law in the Arctic, which do not have substantial precedent. Meanwhile, the Russian Federation, which is rooted in the civil law tradition, which primarily utilizes direct application of legislative enactments and legal scholarship as its means of determining legal action, has ratified and implemented measures on the solely principles of international law in the Arctic more readily.
ContributorsLivingston, Noah Shawn (Author) / Bowman, Diana (Thesis director) / York, Abigail (Committee member) / School of Human Evolution & Social Change (Contributor) / School of International Letters and Cultures (Contributor) / Barrett, The Honors College (Contributor)
Created2019-05
Description
Insurgency within a state is an important and frequent occurrence during armed conflict. The large political science literature on conflict reveals that there are many factors that contribute to insurgency within societies engaged in armed conflict including the scope and intensity of violence, the relative strength of insurgent groups, and the type of regime in power. In addition, there are other relevant issues for understanding the causes of insurgency in a particular place, including greed, grievance, ideology, sociopolitical institutions, geography, ethnicity, and the specific nature of the conflict’s impact on particular communities. In this study, I review the political science literature on conflict as a means of gaining insight on how and why individuals join insurgent groups and the causes and severity of state retaliation against both individuals and insurgent groups. Frameworks within the conflict literature provide a better understanding of key aspects of the U.S. War in Afghanistan from 2002 to 2012. Specifically, I focus on the ways in which these issues are related to the practices and policies of the U.S.
Provincial Reconstruction Teams (PRTs), civil-military joint teams created by the U.S. government, are intended to assist in development and reconstruction projects throughout Afghanistan. The mission of PRTs involve locally grounded engagement linking security and community assistance as a central means of supporting the larger counterinsurgency model. Humanitarian activities as undertaken by PRTs attempt provide stability to civilians that they might otherwise turn toward an insurgent group to find. Ideally, PRTs should understand the factors that cause individual and group insurgency against a state and utilize that knowledge when attempting to address the conflict that results. This study focuses on the successes and shortcomings of the Jalalabad PRT and their implementation of a new project development model in the Nangarhar province in Afghanistan in 2006. It was successful because it directly worked to remediate the underlying causes of insurgency as proposed by the technocratic conceit, with a focus on improved water sanitation and sewage, agriculture, and basic infrastructure. It was unsuccessful because it failed to promote local ownership, the development of a community identity, or a methodology to measure the effectiveness and impact of its projects.
According to the lessons from the conflict literature, the Jalalabad PRT’s actions only partly reduced the factors that lead to individual and group defection into an insurgent group.
In actively working to incorporate the lessons from the conflict literature into the Jalalabad PRT project development model, PRTs will more aptly and successfully achieve their stated goals of providing stability, reconstruction, and security. Without addressing the potential other underlying causes of insurgency, however, U.S. PRTs are unable to produce measurable, empirical reductions to insurgency in Afghanistan.
Provincial Reconstruction Teams (PRTs), civil-military joint teams created by the U.S. government, are intended to assist in development and reconstruction projects throughout Afghanistan. The mission of PRTs involve locally grounded engagement linking security and community assistance as a central means of supporting the larger counterinsurgency model. Humanitarian activities as undertaken by PRTs attempt provide stability to civilians that they might otherwise turn toward an insurgent group to find. Ideally, PRTs should understand the factors that cause individual and group insurgency against a state and utilize that knowledge when attempting to address the conflict that results. This study focuses on the successes and shortcomings of the Jalalabad PRT and their implementation of a new project development model in the Nangarhar province in Afghanistan in 2006. It was successful because it directly worked to remediate the underlying causes of insurgency as proposed by the technocratic conceit, with a focus on improved water sanitation and sewage, agriculture, and basic infrastructure. It was unsuccessful because it failed to promote local ownership, the development of a community identity, or a methodology to measure the effectiveness and impact of its projects.
According to the lessons from the conflict literature, the Jalalabad PRT’s actions only partly reduced the factors that lead to individual and group defection into an insurgent group.
In actively working to incorporate the lessons from the conflict literature into the Jalalabad PRT project development model, PRTs will more aptly and successfully achieve their stated goals of providing stability, reconstruction, and security. Without addressing the potential other underlying causes of insurgency, however, U.S. PRTs are unable to produce measurable, empirical reductions to insurgency in Afghanistan.
ContributorsFloda, Nicole Danielle (Author) / Wright, Thorin (Thesis director) / Rothenberg, Daniel (Committee member) / Dean, W.P. Carey School of Business (Contributor) / Department of English (Contributor) / Barrett, The Honors College (Contributor)
Created2019-05
Description
Turkish Safe Zones, as areas to push migrants into for protection, have always been contentious but the recent push to expel Syrians into The Northern Syria Buffer Zone (also known as the Safe Zone, Peace Corridor, or Security Mechanism) has added to the concern of international human rights violations in Turkey. In addition this paper considers the arguments made for the geographical limitation, of the The 1951 Refugee Convention, for refugees in Turkey as it pertains to the welfare of Syrian migrants. As justified under the geographic limitation in Turkey, sending Syrian migrants to Safe Zones is extremely dangerous because it not only puts peoples lives at risk, but it also sets the stage to accept that international law is not truly international and can be broken to avoid the responsibility of migrants. International law quite clearly shows how the forcible return of any migrant to an area where they are put in harm’s way is a direct violation of international law regardless of geographical limitations.Because the development of Turkish Safe Zones in Northern Syria is a recent development, much of the current political science literature fails to see the problem with the Turkish StateFs deportation. Instead, current literature (Abdelaaty, 2019, p. 1) (United Nations, 2011) (Blake, 2020) (Mann, 2021) focuses on how Syrian migrants are termed guests instead of refugees. The guest status makes it so migrants with refugee level concerns do not receive refugee level benefits. This paper argues that the Turkish state deportation of Syrian migrants to Safe Zones is morally wrong, but not surprising. Based on historical events, the expulsion of Syrians to Turkish safe zones in Syria is the logical next step for the Turkish state to legally displace the responsibility of taking care of minorities and migrants.
ContributorsRosenthal, Emily (Author) / Rothenberg, Daniel (Thesis director) / Niebuhr, Robert (Committee member) / Barrett, The Honors College (Contributor) / Watts College of Public Service & Community Solut (Contributor) / Dean, W.P. Carey School of Business (Contributor)
Created2022-05