Matching Items (25)
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
I have always been fascinated by history and studied the histories of the United States, Europe and the Middle East in both high school and college. However, I never had the opportunity to fully examine my own history and past until now. This thesis is an exploration of my family's history and the narrative of our journey from Palestine to America. I seek not only to understand my family's take on the Palestinian-Israeli conflict that so drastically shaped our lives, but also to understand the more quotidian thoughts, feelings, hopes, and dreams. I want to share stories that have not been heard before because the Palestinian narrative continues to be a contested issue by other competing narratives and it is important that an accurate depiction be recorded and distributed for the general public. I hope that this project will accomplish this task and encourage critical thinking of this long-standing conflict.
ContributorsOdeh, Haneen (Author) / Peskin, Victor (Thesis director) / Montesano, Mark (Committee member) / Gallab, Abdullahi (Committee member) / Barrett, The Honors College (Contributor)
Created2011-05
Description
Abstract Piecing Together Peace: Do AIESEC International Internships Promote Global Peace by Fostering Individuals' Cosmopolitan Identity Eryn Spence The mission and vision of AIESEC (L'Association Internationale d'Etudiants dans les Sciences Economiques et Commerciales or the International Association of Students in the Economic and Commercial Sciences) are conducive to the cration of cosmopolitan sensibilities in the program's participants. Cosmopolitanism was first posited as an ideology by Diogenes of Sinope, and since this time, numerous forms of cosmopolitanism have eveolved, mainly focusing on the promotion of the idea of global citizenship, rather than allegiance to a single nation, group of people, or cultural ideology. This paper seeks to address AIESEC's success in promoting these sentiments in participants who take on international interships designed to foster cross-cultural relations and understanding on an individual level.
ContributorsSpence, Eryn (Author) / Peskin, Victor (Committee member) / Broome, Benjamin (Committee member) / Barrett, The Honors College (Contributor)
Created2011-05
Description
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.
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
Description
The creation of a wide array of international institutions has resulted in a diverse set of theories dedicated to explaining their development. Two theories in particular —neoliberal institutionalism and world culture theory — provide contrasting explanations for the emergence of these institutions. Neoliberal institutionalism is actor-centered, stressing the need for coordination and control to achieve a material interest-based social optimum. World culture theory takes into account a larger world culture that assigns agency to a wider variety of actors and a norm of institutional creation. This essay seeks to navigate the applicability of these two theories by examining the institutional category of international courts. The purpose of this essay is not to prove one theory’s applicability over the other, but rather to argue for the need for inclusion of a culture-centered approach in the analysis of newer and future international courts.
To illustrate this point, this essay identifies two distinct trends in the creation of international courts: trends in functionality and jurisdiction. The original function of courts has changed from strictly resolving disputes between states to include the enforcement of different types of international law. The jurisdiction of international courts has shifted in three areas: personal, subject matter, and membership jurisdiction. International courts now issue binding judgments that apply to actors other than states, interpret a more expansive selection of international law treaties and custom, and include more compulsory aspects for state membership in their founding documents. These trends are then used as a platform for application and analysis of both neoliberal institutionalism and world culture theory. The establishment of the International Criminal Court (ICC) in 2002 represents the latest forms of expanded functions and jurisdiction and is used as an in-depth case study. Specific aspects of the ICC’s negotiation process, such as the prominent use of moral discourse on the part of all actors and the significant and effective role played by non-state actors, holds unique implications for theoretical analysis. These two factors, in particular, illustrate a need to consider culture-based explanations for the ICC’s establishment in addition to traditional actor-centered theories.
To illustrate this point, this essay identifies two distinct trends in the creation of international courts: trends in functionality and jurisdiction. The original function of courts has changed from strictly resolving disputes between states to include the enforcement of different types of international law. The jurisdiction of international courts has shifted in three areas: personal, subject matter, and membership jurisdiction. International courts now issue binding judgments that apply to actors other than states, interpret a more expansive selection of international law treaties and custom, and include more compulsory aspects for state membership in their founding documents. These trends are then used as a platform for application and analysis of both neoliberal institutionalism and world culture theory. The establishment of the International Criminal Court (ICC) in 2002 represents the latest forms of expanded functions and jurisdiction and is used as an in-depth case study. Specific aspects of the ICC’s negotiation process, such as the prominent use of moral discourse on the part of all actors and the significant and effective role played by non-state actors, holds unique implications for theoretical analysis. These two factors, in particular, illustrate a need to consider culture-based explanations for the ICC’s establishment in addition to traditional actor-centered theories.
ContributorsMagee, Alexa Erin (Author) / Thomas, George (Thesis director) / Peskin, Victor (Committee member) / School of Politics and Global Studies (Contributor) / School of Social Transformation (Contributor) / School of Historical, Philosophical and Religious Studies (Contributor) / Barrett, The Honors College (Contributor)
Created2016-05
Description
The purpose of this paper is to analyze how Israel justifies its use of targeted killings. Israel's targeted killings became prominent during the Second Intifada and became an official part of Israeli counterterrorism. Shortly afterwards, in 2002, the State of Israel was sued by the Public Committee Against Torture in Israel and the Palestinian Society for the Protection of Human Rights and the Environment. They asserted that Israel's policy of targeted killings was a human rights violation because Israel was not involved in an international armed conflict with Hamas. However, the Israeli Supreme Court ruled that the policy is legal because Israel is involved in an international armed conflict, and therefore, targeted killings can be used as a method of warfare. According to IHL, there are two paradigms that are applicable to targeted killings. The law enforcement paradigm is used during times of peace to deal with domestic threats while the hostilities paradigm is used during international and non-international armed conflicts to achieve concrete military advantages. Therefore, because the Supreme Court claims that there is an armed conflict present, the hostilities paradigm is used, and IHL is needed to interpret Israel's targeted killings. Based on the laws and the case studies of five high-ranking Hamas militants who are representative of Israel's usual targets, I found that Israel generally abides by the Israeli Supreme Court rules and IHL but often encounters problems with the proportionality requirements. This leaves the legality of the cases dependent upon the person analyzing the killings. If one argues that there is no armed conflict present, then the law enforcement paradigm must be used, in which case Israel's actions would be illegal according to human rights law. Also, a critic can argue that the value of the targets killed during the strikes is not worth the civilian collateral damage and thus claim that the strikes are illegal. Based on my research, I concluded that Israel is in an international armed conflict, and therefore, IHL is applicable, under the hostilities paradigm. I also believe that Israel can argue that the strikes that incurred collateral damage were proportional due to the military value of the targets. However, an international court must clarify the laws concerning the use of targeted killings. This is because in cases like the Israeli-Palestinian conflict, the legality of the strikes strongly depends upon the person interpreting the law, and therefore, there can be disagreements over which paradigm is applicable. In addition, because targeted killing is becoming a global trend, the ambiguity of the law will continue to cause problems, and so the international community will need to address this issue carefully.
ContributorsSecker, Kaitlin Frances (Author) / Peskin, Victor (Thesis director) / Manekin, Devorah (Committee member) / School of Historical, Philosophical and Religious Studies (Contributor) / School of Politics and Global Studies (Contributor) / Barrett, The Honors College (Contributor)
Created2016-05
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
This paper examines five different human rights treaties in order to test the role of reservations in international law. Through the creation of a typology of reservations, which include Domestic Framework, Minor Objection, Oversight, Cultural, Political, and Negation Reservations, this paper tests the typology against three hypotheses: 1) reservations weaken international law, 2) reservations are neutral to international law, and 3) reservations strengthen international law. By classifying reservations on this spectrum of hypotheses, it became possible to determine whether reservations help or hinder the international human rights regime. The most utilized types of reservations were Domestic Framework Reservations, which demonstrates treaty reservations allow for states to engage with the treaties, thus strengthening international law. However, because the reservations also demonstrate a lack of willingness to be bound by an external oversight body, reservations also highlight a flaw of international law. CEDAW proved to be a general outlier because it had 2-6 times the amount of negation and cultural reservations, which could potentially be attributed to the more societal, as opposed to legal, adjustments required of States Parties.
ContributorsRhoades, Marissa Danielle (Author) / Rothenberg, Daniel (Thesis director) / Peskin, Victor (Committee member) / Barrett, The Honors College (Contributor) / School of Social Transformation (Contributor) / School of International Letters and Cultures (Contributor) / Sandra Day O'Connor College of Law (Contributor) / School of Politics and Global Studies (Contributor)
Created2014-05
Description
In the aftermath of the Second World War and global atrocities that occurred during the Nazi Holocaust, the international community established the United Nations and developed the Universal Declaration of Human Rights. The UN legally defined the term genocide with the development of the Convention for the Prevention and Punishment of the Crime of Genocide in an attempt to deter future genocides from occurring. These are now the governing documents for international human rights law and genocide prevention. Since the development of these documents, however, human rights violations and genocides have continued to occur around the world. In 1994, Rwandan Hutus murdered more than one million Tutsis in the span of one hundred days. Following the genocide, the United Nations developed the International Criminal Tribunal for Rwanda in which the conviction of Jean-Paul Akayesu established the first trial where an international tribunal was called upon to interpret the definition of genocide as defined in the Convention for the Prevention and Punishment of the Crime of Genocide. Although the human rights movement has created greater deterrence for human rights crimes, punished perpetrators for their crimes, and established norms for the treatment of human beings, global human rights violations and genocides continue to occur. This project attempts to explore the presence of possible factors in pre-genocidal nations that may predict whether a nation could spiral into genocide and what mechanisms could counter their presence.
ContributorsBabos, Kristina Rose (Author) / Haglund, LaDawn (Thesis director) / Rothenberg, Daniel (Committee member) / Barrett, The Honors College (Contributor) / School of Social Transformation (Contributor)
Created2014-05
Description
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
ContributorsSandground, Lauren Amanda (Author) / Fellmeth, Aaron (Thesis director) / Rothenberg, Daniel (Committee member) / Barrett, The Honors College (Contributor) / School of Humanities, Arts, and Cultural Studies (Contributor) / School of International Letters and Cultures (Contributor) / School of Social Transformation (Contributor) / School of Politics and Global Studies (Contributor) / School of Historical, Philosophical and Religious Studies (Contributor)
Created2014-05