CEU Electronic Theses and Dissertations, 2012
| Author | Arafat, Jehad Mohammad |
|---|---|
| Title | Left behind? The Parallel Application of International Humanitarian Law and International Human Rights Law to Civilians living in Undefined Territorial Entities in Situations of Armed Conflict |
| Summary | Humanitarian law and human rights law began as distinct fields of law. They developed through treaties, and international judicial and qusai judicial practices to share the same goal of protecting the human being from the state. However, the usual scope of application for both disciplines is the state, which raises the question what about the individuals living in unidentified entities? Can they enjoy their rights in a situation of armed conflict or are they left behind? And if yes, to what degree? Who are the duty barriers? Those are the issues that will be addressed in this thesis.The thesis is structured in to three chapters, the first with the title “The relationship between International Humanitarian Law and International Human Rights Law”. Where I will demonstrate that relationship between International humanitarian law and human rights law exists, this will be elaborated in five sections; the first is a general introductory section that will provide a brief account of the origin of each discipline of law, and how they first start to interact; the second will speak about the manifestation of this relationship in international resolutions; the third will briefly mention some new treaties applying both regimes of law; and the fourth will speak about how the parallel application was reached through regional and international mechanisms jurisprudence. And finally, the fifth, which will be the final section, will conclude that both regimes apply to situations of armed conflict. The second chapter with “Unidentified State Entities as Subjects of International Law” as its title, in which I will provide in the primary section a definition of what is an unidentified territorial entity; and then provide examples for unidentified entities in the second section, those will be Palestine, Taiwan, and Kosovo; the third section will provide a narrative introductory about each of those entities to highlight some of their characteristics; then in the fourth section I will explore if such entities can be regarded as subjects of international law; and finish with a conclusion that yes they are but we need to find to what extent, which will bring us to third chapter. In the third chapter, I will be continuing the conclusions of the previous chapter in a brief general section, establishing that if an unidentified entity have some obligations in the context armed conflict, it will be sharing such an obligation with the other duty barriers, the state, therefore, in the second section I will speak about the Common article 3 to the Geneva Conventions as the minimum grantees afforded to the individuals living in such entities, especially with the situation of military occupation; then will move to the third section, trying to establish how can an unidentified entity carry an obligation, and show that there is a trend in this direction; and explore the duties of the occupying state intervening in the occupying entity; and at last provide a conclusion to this chapter, that while the obligations of the unidentified entity is a necessity, it share a small percentage of the duties of the occupying power, and thus, we need to explore more how to trigger the responsibility of each to better protect the human beings in such entities. At the end there will be a conclusion chapter, where I reaffirm the findings of each chapter, and emphasize the necessity to establish a clearer test to verify the percentage of obligation accorded to each of the duty barriers in our case of study, the unidentified territorial entity, and the state intervening by occupation to the territory of the former. |
| Supervisor | Kremnitzer, Mordechai |
| Department | Legal Studies LLM |
| Full text | https://www.etd.ceu.edu/2012/arafat_jehad.pdf |
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