Matching Items (132)
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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

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
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What explains why governments and militaries pursue accountability against some human rights violations committed by members of their armed forces during ongoing conflicts, but not other violations? Further, what are the consequences of such prosecutions for their military and governmental objectives? The theory put forth by this study suggests that

What explains why governments and militaries pursue accountability against some human rights violations committed by members of their armed forces during ongoing conflicts, but not other violations? Further, what are the consequences of such prosecutions for their military and governmental objectives? The theory put forth by this study suggests that rather than only the natural outcome of strong rule of law, domestic prosecutions within a state’s security apparatus represents a strategic choice made by political and military actors. I employ a strategic actor approach to the pursuit of accountability, suggesting that the likelihood of accountability increases when elites perceive they will gain politically or militarily from such actions. I investigate these claims using both qualitative and quantitative methods in a comparative study across the United States and the United Kingdom. This project contributes to interdisciplinary scholarly research relevant to human rights studies, human rights law, political science, democratic state-building, democratic governance, elite decision making, counter-insurgency, protests, international sanctions, and conflict resolution. Particularly, this dissertation speaks to the intersection of strategy and law, or “lawfare” a method of warfare where law is used as means of realizing a military objective (Dunlap 2001). It provides generalizable results extending well beyond the cases analyzed. Thus, the results of this project will interest those dealing with questions relating to legitimacy, human rights, and elite decision making throughout the democratic world.
ContributorsSimmons, Alan James (Author) / Wood, Reed (Thesis advisor) / Peskin, Victor (Thesis advisor) / Lake, Milli (Committee member) / Arizona State University (Publisher)
Created2018
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Arguing for the importance of decolonial pedagogy in human rights education, this research is located at the intersection of human rights education, pedagogy, and justice studies, and is situated in the context of a contested neoliberal university in order to learn about and understand some of the challenges in implementing

Arguing for the importance of decolonial pedagogy in human rights education, this research is located at the intersection of human rights education, pedagogy, and justice studies, and is situated in the context of a contested neoliberal university in order to learn about and understand some of the challenges in implementing pedagogical change inspired by decolonial theory. This research focuses on pedagogical approaches of human rights professors to understand how and to what extent they are aligned with and informed by, incorporate, or utilize decolonial theory. This is accomplished through a content analysis of their syllabi, including readings and pedagogical statements, and semi-structured interviews about their praxis to draw attention to the what and how of their pedagogical practices and the ways in which it aligns with a decolonial pedagogical approach. This research calls attention to the specific manner in which they include decolonial pedagogical methods in their human rights courses. The findings determined that a decolonial pedagogical approach is only just emerging, and there is a need to address the barriers that impede their further implementation. In addition, there is a need for research that will further investigate the pedagogical approaches professors are employing, particularly those in alignment with decolonial criteria; the impact of decolonial and non-decolonial approaches on students’ epistemologies, and how to overcome barriers to advance implementation of a decolonizing pedagogical approach.
ContributorsAldawood, Danielle (Author) / Gomez, Alan (Thesis advisor) / Simmons, William (Committee member) / Rothenberg, Daniel (Committee member) / Arizona State University (Publisher)
Created2018
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About one in ten refugees from the American Revolution was African-descended, and unlike many white Loyalists fleeing war in the thirteen mainland North American colonies, black Loyalists were people without a country. Most were fleeing slavery in Virginia or the Carolinas, yet not fully able to claim to be British

About one in ten refugees from the American Revolution was African-descended, and unlike many white Loyalists fleeing war in the thirteen mainland North American colonies, black Loyalists were people without a country. Most were fleeing slavery in Virginia or the Carolinas, yet not fully able to claim to be British subjects, despite many heeding the call to join British forces. Among the 40,000 Loyalists who departed, around 3,500 black Loyalists evacuated from the newly founded United States between the years of 1776 and 1785. I hope to evaluate the movement patterns and thought process behind this particular group with what choices they ultimately had after the war using Dunmore’s Proclamation as a means to freedom. These black Loyalists faced the difficult decision in choosing what identity they would side with once they left. These former slaves ultimately had to choose between becoming forced migrants with the losing side of the war or staying with the winning side of the war as people bound by chains. Although there were a multitude of fascinating tales that could be told through the lens of these black Loyalists, one particular family caught my eye within my research. This story is the journey of the Fortune family who chose to run away from American slavery to migrate to Nova Scotia. Their story will grant me access to analyze the extreme discrimination families met as they fled, the contempt the new colonies felt against them, as well as the evolution of their societal roles as some of these immigrants integrated into their new country and became accepted as respected individuals. Furthermore, their tale aided me in understanding what caused some emigrant black Loyalists to stay in Nova Scotia despite the hardships they faced as outsiders who were unwelcome from the perspective of native white Nova Scotians.
ContributorsNanez-Krause, Michael L (Author) / Schermerhorn, Calvin J. (Thesis director) / Barnes, Andrew (Committee member) / Historical, Philosophical & Religious Studies (Contributor, Contributor) / Barrett, The Honors College (Contributor)
Created2020-05
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As of 2019, 30 US states have adopted abortion-specific informed consent laws that require state health departments to develop and disseminate written informational materials to patients seeking an abortion. Abortion is the only medical procedure for which states dictate the content of informed consent counseling. State abortion counseling materials have

As of 2019, 30 US states have adopted abortion-specific informed consent laws that require state health departments to develop and disseminate written informational materials to patients seeking an abortion. Abortion is the only medical procedure for which states dictate the content of informed consent counseling. State abortion counseling materials have been criticized for containing inaccurate and misleading information, but overall, informed consent laws for abortion do not often receive national attention. The objective of this project was to determine the importance of informed consent laws to achieving the larger goal of dismantling the right to abortion. I found that informed consent counseling materials in most states contain a full timeline of fetal development, along with information about the risks of abortion, the risks of childbirth, and alternatives to abortion. In addition, informed consent laws for abortion are based on model legislation called the “Women’s Right to Know Act” developed by Americans United for Life (AUL). AUL calls itself the legal architect of the pro-life movement and works to pass laws at the state level that incrementally restrict abortion access so that it gradually becomes more difficult to exercise the right to abortion established by Roe v. Wade. The “Women’s Right to Know Act” is part of a larger package of model legislation called the “Women’s Protection Project,” a cluster of laws that place restrictions on abortion providers, purportedly to protect women, but actually to decrease abortion access. “Women’s Right to Know” counseling laws do not directly deny access to abortion, but they do reinforce key ideas important to the anti-abortion movement, like the concept of fetal personhood, distrust in medical professionals, the belief that pregnant people cannot be fully autonomous individuals, and the belief that abortion is not an ordinary medical procedure and requires special government oversight. “Women’s Right to Know” laws use the language of informed consent and the purported goal of protecting women to legitimize those ideas, and in doing so, they significantly undermine the right to abortion. The threat to abortion rights posed by laws like the “Women’s Right to Know” laws indicates the need to reevaluate and strengthen our ethical defense of the right to abortion.
ContributorsVenkatraman, Richa (Author) / Maienschein, Jane (Thesis director) / Brian, Jennifer (Thesis director) / Abboud, Carolina (Committee member) / Historical, Philosophical & Religious Studies (Contributor) / School of Life Sciences (Contributor, Contributor) / Barrett, The Honors College (Contributor)
Created2020-05
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Despite regional peace agreements, billions of dollars in aid, and the United Nations’ largest peacekeeping mission in the world, conflict in the eastern Democratic Republic of the Congo persists. This paper explores criticisms made by political scientist Séverine Autesserre, who argues that three simplistic narratives revolving around conflict minerals as

Despite regional peace agreements, billions of dollars in aid, and the United Nations’ largest peacekeeping mission in the world, conflict in the eastern Democratic Republic of the Congo persists. This paper explores criticisms made by political scientist Séverine Autesserre, who argues that three simplistic narratives revolving around conflict minerals as a cause, sexual abuse against women and girls as an outcome, and rebuilding central state control as the solution dominate how international interveners view the Congolese conflict. Autesserre further posits that conflict continues because peacebuilding efforts fail to address local dynamics. Using monitoring and evaluation reports of peacebuilding projects in the eastern Congo, primarily from the U.S. Agency for International Development, this paper examines three questions: Do aid agencies have any local peacebuilding projects? If so, do these projects reinforce the dominant narratives? And lastly, do these projects view conflict as a continuum that must be managed through process-oriented objectives, or as a binary phenomenon requiring events-oriented objectives, such as elections? The analysis is based on 10 total reports gathered online, the majority of which are from USAID. Due to a lack of publicly available data and M&E reports on Congo peacebuilding, this collection does not represent a random sample and is not being used to make statistically significant conclusions. Nevertheless, the M&E reports provide a window into how the “rubber meets the road,” so to speak, in terms of how USAID and others view the role of their peacebuilding programs and how to assess programmatic success.

These reports reveal there are certainly some local peacebuilding programs and they do appear to view conflict as a continuum requiring process-oriented goals, such as creating local community mediation organizations. In terms of Autesserre’s three dominant narratives, the results are more mixed. This assortment of seemingly contradictory findings does not mean Autesserre’s arguments are invalid. The USAID Congo Country Strategy document unlocks this apparent contradiction as it explicitly acknowledges Autesserre’s criticisms and appears to move toward finding more nuanced approaches to the conflict. However, at times it still emphasizes the same dominant narratives and state-to-state level approaches. This paper, therefore, concludes that USAID, and potentially others, are in a state of transition between entrenched and evolving narratives. The discord in these evaluations highlights the internal crisis peacebuilders in the Congo are currently facing as they reassess their narratives. In keeping with the self-improving nature of M&E, hopefully these international interveners can move through their narrative transition in an efficient manner, so that they can remain a supportive peacebuilding partner to the Congolese people.
ContributorsSilow, Adam (Author) / Rothenberg, Daniel (Thesis director) / Lake, Milli (Committee member) / School of Politics and Global Studies (Contributor) / Economics Program in CLAS (Contributor) / Barrett, The Honors College (Contributor)
Created2016-05
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Abstract Upon review of complex ethnic conflict over the past century in the Great Lakes region, the 2005 Opinion of the Case Concerning Armed Activities on the Territory of the Congo does not properly acknowledge the conflict's complexity, and thus fails in applying customary international law to the allegations under

Abstract Upon review of complex ethnic conflict over the past century in the Great Lakes region, the 2005 Opinion of the Case Concerning Armed Activities on the Territory of the Congo does not properly acknowledge the conflict's complexity, and thus fails in applying customary international law to the allegations under dispute. Both concepts of self-defense and the violation of the duty of vigilance are found particularly restrictive, and their application by the ICJ does not recognize realities. The thesis is laid out to provide context for the dispute, followed by consideration of the historical circumstances that shaped the ethnic, political, and economic reality of the Second Congo War. Finally the paper will begin an inquiry into self-defense and the duty of vigilance as unequipped legal concepts to consider the atypical conflict. I. Introduction II. The Dispute: The Second Congo War III. Overview of Case Concerning Armed Activities on the Territory of the Congo IV. Lack of Recognition for Historical Background V. Contentious Handlings of Concepts of International Law a. Self-Defense: Questionable Criteria b. Breaches of International Obligations: Duty of Vigilance in Armed Activities VI. Conclusion
Created2014-05
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This paper examines the development of United States drone policy outside of traditional battle zones. It poses the question of why do states use drones as a projection of force? In particular, the paper examines the expansion of the drone program within a system of democratic checks and balances. It

This paper examines the development of United States drone policy outside of traditional battle zones. It poses the question of why do states use drones as a projection of force? In particular, the paper examines the expansion of the drone program within a system of democratic checks and balances. It looks at the effect that political and legal influences have had on the expansion of the drone program and hypothesizes that the presence of these constraints should increase drone use outside of traditional battle zones. In order to investigate this hypothesis, the paper looks at data on drone strikes from Yemen and Somalia. The data partially supports the hypothesis as there has not been a clear linear increase in the number of drone strikes in each of these countries. Nevertheless, an examination of the surrounding literature regarding political and legal influences within these countries seems to favorably point to the increase of drone operations. Future research, however, needs to be cognizant of the limitations in gathering specific statistics on drone operations as these operations are covert. It's also important to understand how the covert nature of the drone operations impacts issues regarding political oversight and legality. Lastly, it's important to constantly examine the broader implications drone policy has for US policy.
ContributorsRajan, Rohit Subramaniam (Author) / Wright, Thorin (Thesis director) / Rothenberg, Daniel (Committee member) / Barrett, The Honors College (Contributor) / Department of Chemistry and Biochemistry (Contributor) / School of Politics and Global Studies (Contributor)
Created2015-05
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This paper seeks to emphasize how the presence of uncertainty, speculation and leverage work in concert within the stock market to exacerbate crashes in a cyclical market. It analyzes three major stock market events: the crash of Oct. 19, 1987, “Black Monday;” the dotcom bust, from 1999 to 2002; and

This paper seeks to emphasize how the presence of uncertainty, speculation and leverage work in concert within the stock market to exacerbate crashes in a cyclical market. It analyzes three major stock market events: the crash of Oct. 19, 1987, “Black Monday;” the dotcom bust, from 1999 to 2002; and the subprime mortgage crisis, from 2007 to 2010. Within each event period I define determinants or measurements of uncertainty, speculation. Analysis of how these three concepts functioned during boom and bust will highlight how their presence can amplify the magnitude of a crash. This paper postulates that the amount of leverage during a crash determines how long-term its effects will be. This theory is fortified by extensive research and interviews with experts in the stock market who had a front row view of the discussed crises.
ContributorsGraff, Veronica Camille (Author) / Leckey, Andrew (Thesis director) / Cohen, Sarah (Committee member) / Historical, Philosophical & Religious Studies (Contributor) / Walter Cronkite School of Journalism & Mass Comm (Contributor, Contributor) / Dean, W.P. Carey School of Business (Contributor) / Barrett, The Honors College (Contributor)
Created2019-05
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The thesis reviews the historiography of American Populism in the late 19th century, through an evaluation of Richard Hofstadter’s thesis presented in The Age of Reform and The Paranoid Style in American Politics. Though Hofstadter related the Populist movement to proto-fascism, racism, paranoia, and jingoism, many historians before and after

The thesis reviews the historiography of American Populism in the late 19th century, through an evaluation of Richard Hofstadter’s thesis presented in The Age of Reform and The Paranoid Style in American Politics. Though Hofstadter related the Populist movement to proto-fascism, racism, paranoia, and jingoism, many historians before and after the publication of The Age of Reform have objected and presented a more positive view of Populism. By examining the lives and careers of three of Hofstadter’s primary examples of Populists—Mary Lease, Ignatius Donnelly, and Thomas E. Watson—the author proves that Hofstadter’s own evidence does not support his thesis. Though Hofstadter is certainly correct about some aspects of the Populist movement, including their tendency to engage in conspiracy, his claim that Populism is heavily characterized by racism is not borne out by the facts. The Populists studied are each unique individuals, with their own eccentricities and deviances from the larger Populist movement, and each must be considered within the context of their own lives and their own time. In the case of Tom Watson, for instance, Hofstadter’s quotes date to a point in Watson’s life where his beliefs could no longer be considered representative of the Populist movement. Major parts of Hofstadter’s evidence—including Mary Lease’s The Problem of Civilization Solved—were not influential or widely read within the Populist movement. The paper attempts to sort out what parts of Hofstadter’s evidence are valid, what parts are divorced from their proper context, and which parts are contrary to his actual thesis, through the format of three biographical chapters.
ContributorsBonfiglio, Anthony Harris (Author) / Barth, Jonathan (Thesis director) / Critchlow, Donald (Committee member) / Historical, Philosophical & Religious Studies (Contributor, Contributor) / School of International Letters and Cultures (Contributor, Contributor) / Barrett, The Honors College (Contributor)
Created2019-05