CEU Electronic Theses and Dissertations, 2022
| Author | Al Kasem, Ibrahim |
|---|---|
| Title | The Restitution and Compensation of Properties during Armed Conflicts Through the Lens of International Humanitarian Law: The Syrian Case |
| Summary | Concerns about development, security, and stability are often used to push victims' demands and needs to the back of the line in any peace-building or development process. Although restitution and compensation for grave breaches of human rights have been established by conflict parties and those responsible for these breaches, as well as by organizations and UN mechanisms, they are frequently insufficient to address the massive scale of damage. This thesis examines the legal rules governing the restitution and compensation for property under international humanitarian law. This thesis investigates the legal terminology applied in the legal classification of armed conflicts, grave breaches of property, and international mechanisms for restituting or compensating property to its original owners. Finally, as a case study, this thesis will analyze the legal rules of property in the Syrian armed conflict as well as the potential for restituting property to owners and compensating them. Property rights have been violated by all parties to the Syrian conflict, but the Syrian government and its allies hold the most responsibility for the massive material losses inflicted by property breaches. Property restitution and compensation in Syria are facing significant hurdles, such as property laws. A hybrid mechanism with flexibility must be established to achieve justice in Syrian society and ensure that breaches are not repeated. |
| Supervisor | Bard, Karoly |
| Department | Legal Studies LLM |
| Full text | https://www.etd.ceu.edu/2022/al-kasem_ibrahim.pdf |
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