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Dissertations / Theses on the topic 'Customary international humanitarian law'

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Published: 10 March 2023

Last updated: 31 July 2025

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1

Kazemi, Abadi Alireza. "Reaffirmation and development of customary international humanitarian law by international criminal tribunals." Thesis, King's College London (University of London), 2017. https://kclpure.kcl.ac.uk/portal/en/theses/reaffirmation-and-development-of-customary-international-humanitarian-law-by-international-criminal-tribunals(df866a57-9959-4706-888e-737e75e68d2b).html.

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The codifying of international humanitarian law (IHL) that began in the mid-nineteenth century has not diminished the importance of customary international humanitarian law (CIHL), at least, in filling the gaps between the needs of the victims of armed conflicts and the inadequacies of conventional law. This is fully reflected in the case-law of international criminal tribunals (ICTs) where customary law has been extensively applied in areas that are not sufficiently regulated by treaty provisions or where the parties to armed conflicts were not parties to similar treaties. This study mainly f

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2

Benoit, James P. "Mistreatment of the wounded, sick and shipwrecked by the International Committee of the Red Cross study on customary International Humanitarian Law." Thesis, George Washington University Law School, 2008. http://hdl.handle.net/10945/3689.

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CIVINS<br>In 2005 the International Committee of the Red Cross (ICRC) completed a ten-year study on customary international humanitarian law, based on an assessment of the State practice of forty-seven nations over the preceding thirty years. Somewhat surprisingly, but perhaps owing to the sheer size of the ICRC Study, there have been relatively few scholarly articles written about it, and only one State has officially responded to the ICRC: the United States, in a letter co-signed by the Department of State Legal Adviser, and the Department of Defense General Counsel.

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3

Kadimanche, Kadima Kalala André. "La mise en oeuvre du droit international humanitaire en République démocratique du Congo." Electronic Thesis or Diss., Université Côte d'Azur, 2022. http://www.theses.fr/2022COAZ0035.

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Malgré l'engagement de la République démocratique du Congo en matière de droit international humanitaire, engagement favorisé par son appartenance au système moniste et sa participation institutionnelle aux instances de mise en œuvre prévues par les traités humanitaires, les règles du droit international humanitaire sont constamment violées en République démocratique du Congo. Cette réalité a amené à analyser les facteurs de l'ineffectivité de sa mise en mise en œuvre. Parmi ceux-ci, les principaux semblent être les insuffisances institutionnelles favorisant l'impunité en matière de crimes int

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4

Beham, Markus. "Doctrinal Illusion and State Interest : an Analysis of 'Non-Treaty' Law for 'Moral Concepts'." Thesis, Paris 10, 2016. http://www.theses.fr/2016PA100078.

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La question principale de la présente thèse est celle de l’existence de « concepts moraux » – concepts poursuivant des fins altruistes plutôt qu’intéressées – en tant que droit non conventionnel, c’est à dire en tant que droit international coutumier ou principes généraux du droit. La question sera examinée en particulier dans le contexte du discours doctrinal afin de questionner le phénomène du constat trop rapide de leur existence.Le raisonnement se décline en trois étapes. Une série de questions préliminaires relatives à la Charte de l’ONU seront tout d’abord énoncées, elles serviront de ca

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5

Sanger, Andrew Gareth. "Corporate liability for violations of customary international law." Thesis, University of Cambridge, 2015. https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.709310.

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6

Elias, Olufemi Adekunle. "The consent of states and customary international law." Thesis, University College London (University of London), 1994. http://discovery.ucl.ac.uk/10061838/.

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This dissertation is an examination of the role of consent in the process by which rights and obligations are created under customary international law. Two related issues are examined. One is the role of consent in the creation of customary law generally, and the other is the question whether the consent of a State or a group of States to a stipulation of customary international law is a condition of the applicability of that law to those States. Part One examines the relationship between the notions of consent, state practice and opinio juris. Chapter I examines the nature of the law governi

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7

Rana, Naomi. "Humanitarian intervention and the use of force." Thesis, Hong Kong : University of Hong Kong, 1996. http://sunzi.lib.hku.hk/hkuto/record.jsp?B17546205.

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8

Supaat, Dina Imam. "Refugee children in Malaysia and the customary international law." Thesis, University of Birmingham, 2015. http://etheses.bham.ac.uk//id/eprint/5937/.

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The interest in embarking on this study is prompted by the predicament of refugee children under Malaysian jurisdiction and the dire need to improve their situation. This thesis is aimed at investigating the applicability of two rules relating to refugee protection: the principle of non-refoulement and the best interests of the child, which are believed to have become customary international law (CIL) which binds all states without their consent. The focus of this thesis is the prolonged problem of refugee children’s protection and the possibility of improving their conditions using internatio

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9

Loos, Clemens. "The convergence and divergence of International Humanitarian Law and International Human Rights Law." Thesis, University of the Western Cape, 2005. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_6236_1182745813.

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<p>In this minithesis, I demonstrate that International Humanitarian Law and International Human Rights Law are two distinct but related fields of law. First, the examination deals with the instance that the aim of both branches of law, the protection of human rights, is common, but the approach to reach this aim is different. In this regard, I show numerous points of divergence of both branches of law which have their origin in the fundamentally different historical developments of International Humanitarian Law and International Human Rights Law. I give the main attention to the application

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10

Byers, Michael. "Custom, power and the power of rules international relations and customary international law /." Cambridge : Cambridge University Press, 1999. http://www.ebrary.com/.

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11

Beneke, Méchelle. "The validity of humanitarian intervention under international law." Thesis, University of Port Elizabeth, 2003. http://hdl.handle.net/10948/305.

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The study which follows considers the current approach to State sovereignty, use of force, and human rights, in order to determine the balance which exists between these concepts. A shift in this balance determines the direction of development of the concept of ‘humanitarian intervention.’ The investigation establishes that State sovereignty and certain human rights are at a point where they are viewed as equal and competing interests in the international arena. This leads to the question of whether or not the concept of humanitarian intervention has found any acceptance in international law.

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12

Aksar, Yusuf. "The 'ad hoc' tribunals and international humanitarian law." Thesis, University of Bristol, 2000. http://hdl.handle.net/1983/405a48d5-52b6-4cea-894e-30c7a402faed.

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13

Igiehon, Mark Osayomwanbo. "Abandonment : revisiting customary international law and moving the frontiers of public choice law." Thesis, Southampton Solent University, 2004. http://ssudl.solent.ac.uk/595/.

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In recent years there has been a likely increase in the incidence of decommissioning of offshore oil and gas installations and considerable dissension has arisen over the legal aspects of decomissioning. There is controversy as to the applicable rules of international law. There is also dissension as to adequacy of both international and state laws and practices in providing for the various interests identified by international law itself as vital to any consideration of the manner in which disused installations ought to be disposed of. The thesis therefore examines the international legal reg

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14

Godoy, Wilson Magdalena Sofia. "Sexual violence in armed conflict under international law: The interplay between international humanitarian law human rights law and international criminal law." Diss., University of Pretoria, 2016. http://hdl.handle.net/2263/56998.

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15

Orakhelashvili, Alexander. "Peremptory norms in international law /." Oxford [u.a.] : Oxford Univ. Press, 2006. http://www.gbv.de/dms/spk/sbb/recht/toc/508437466.pdf.

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16

Thomas, Kathryn Michelle. "United Nations forcible humanitarian intervention, international law and politics /." Title page, contents and abtract only, 1998. http://web4.library.adelaide.edu.au/theses/09AR/09art4584.pdf.

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17

Cho, Sihyun. "Applicability of international humanitarian law to internal armed conflicts." Thesis, University of Cambridge, 1996. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.245162.

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18

Provost, Rene. "International human rights and humanitarian law : fusion or confusion?" Thesis, University of Oxford, 1998. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.285439.

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19

Svensén, Fanny Martika. "Humanitarian visas and extraterritorial non-refoulement obligations at embassies." Thesis, Stockholms universitet, Juridiska institutionen, 2016. http://urn.kb.se/resolve?urn=urn:nbn:se:su:diva-137186.

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20

Ewing, Michelle. "Justifying humanitarian intervention." Thesis, McGill University, 1993. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=26196.

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The time is ripe for a re-examination of the doctrine of humanitarian intervention, and in particular, of its legal basis in international law. This thesis attempts to draw attention to the significance of the decision to justify humanitarian intervention in a certain way, and to some of the implications of that decision.<br>The thesis compares the two justificatory options which seem to be most appropriate to the multilateralism of the post-Cold War era: collective humanitarian intervention under Chapter VII of the UN Charter and mulitilateral humanitarian intervention under customary interna

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21

Gale, J. L. H. "Nature's secret art : the evolution of conventions, cooperation and customary international law." Thesis, University of Cambridge, 2011. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.599274.

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This central aim of this thesis is to provide sound foundations for understanding two persistent and closely related questions within international relations and international legal theory. First, can genuine cooperation arise in a world of self-interested states that recognise no political superior? And second, can we defend the reality of international law as a force for shaping state behaviour in a decentralised world? Most pertinently, building on international relations scholarship regarding the problem of cooperation, a profound redirection in our thinking about international law has gai

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22

Beckett, Jason A. "The end of customary international law? : a purposive analysis of structural indeterminacy." Thesis, University of Glasgow, 2005. http://theses.gla.ac.uk/2754/.

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Where CLS, and other critical discourses, seek to “uncover” and “explode” the ideologies and biases of law, to demonstrate its inability to fulfil its promises, the present work is intended to initiate the task of demanding that law, and especially CIL, live up to those very promises. But first, the nature of these promises, and the structure and purpose of law must be examined, analysed, and where necessary contested and decided, or rather, defined. In this regard, the hidden assumptions of legal theory must be uncovered and problematised; the debates over law must be disaggregated, before la

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23

Kawai, Toshinobu. "1977 protocol II additional to the 1949 Geneva Conventions and customary international law." Thesis, University of Hull, 2001. http://hydra.hull.ac.uk/resources/hull:5450.

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Traditionally the laws of war, or widely known as international humanitarian law today, in principle did not cover civil wars but only wars between States. The Geneva Conventions were adopted in 1949 to increase the protection of victims in armed conflicts, but the protection of the victims in internal conflict by the Conventions was limited. Thus, Protocol II additional to the Geneva Conventions of 1949 was introduced in 1977 to be specifically applicable to non-international armed conflicts in order to ameliorate the conditions of those who suffer in such conflict. A State confronting a conf

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Chesterman, Simon. "Just war or just peace? : humanitarian intervention and international law." Thesis, University of Oxford, 2000. https://ora.ox.ac.uk/objects/uuid:a2f9085b-4ca9-4244-bff0-837ea5d4d74b.

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The question of the legality of humanitarian intervention is, at first blush, a simple one. The Charter of the United Nations clearly prohibits the use of force, with the only exceptions being self-defence and enforcement actions authorized by the Security Council. There are, however, long-standing arguments that a right of unilateral intervention pre-existed the Charter. The thesis begins with an examination of the genealogy of this right, and arguments that it may have survived the passage of the Charter, either through a loophole in Article 2(4) or as part of customary international law. It

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25

Al-Suwaidi, Saif Ghanim Saif Obaid. "Humanitarian intervention under the UN Charter and contemporary international law." Thesis, Aberystwyth University, 2004. https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.675679.

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Although contemporary international law demands the full respect of human rights, recent history continues to furnish frequent examples of man's inhumanity to his fellow man. While international law obliges respect for state sovereignty, the principle of nonintervention and non-use of force; states and the international community have sometimes responded to serious violations of human rights with the use of force, invoking the doctrine of humanitarian intervention. It is the purpose of this thesis, therefore, to examine the legality of 'humanitarian intervention', which is defined here as 'the

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26

Breau, Susan Caroline. "An examination of the doctrine of humanitarian intervention in customary law and under the United Nations Charter." Thesis, London School of Economics and Political Science (University of London), 2003. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.406306.

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27

Lin, James Chun. "Humanitarianism and military force : humanitarian intervention and international society." Thesis, University of Oxford, 1995. http://ora.ox.ac.uk/objects/uuid:3ce0813e-b33d-4d02-8049-7851859cc801.

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This thesis examines the theory and practice of humanitarian intervention in the modern states system. Humanitarian intervention is defined as the use of military force across state boundaries, against the wishes of the target government, to protect the people from intolerable misrule and grave abuses of human rights. The aim of this thesis is to examine the problem of humanitarian intervention from the perspective of international society. This thesis is divided into two parts. Part One defines the concept, considers the historical and intellectual milieu in which the idea emerged and evolved

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28

Chaulia, Sreeram. "Civilian protection and humanitarian organisations rationality or culture? /." Related electronic resource: Current Research at SU : database of SU dissertations, recent titles available full text, 2009. http://wwwlib.umi.com/cr/syr/main.

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29

Sonczyk, Barbara. "The anatomy of the war crime of attacking peacekeepers under international humanitarian law and international criminal law." Thesis, University of Westminster, 2014. https://westminsterresearch.westminster.ac.uk/item/964w0/the-anatomy-of-the-war-crimeof-attacking-peacekeepersunder-internationalhumanitarian-law-andinternational-criminal-law.

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This thesis is concerned with the analysis of the war crime of attacking peacekeeping missions under international humanitarian law and international criminal law. The Rome Statute of the International Criminal Court criminalises “(…) intentionally directing attacks against personnel, installations, material, units or vehicles involved in a humanitarian assistance or peacekeeping mission in accordance with the Charter of the United Nations, as long as they are entitled to the protection given to civilians or civilian objects under the international law of armed conflict”. However, the exact sc

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30

Nelson, Eisha Amanda. "Changes and solutions to improve humanitarian aid." Thesis, Webster University, 2015. http://pqdtopen.proquest.com/#viewpdf?dispub=1526651.

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<p> The 1990s saw a rise in the participation of NGOs answering the demands of affected populations caught in between armed conflicts, bouts of natural disasters and diseases. Though their intentions were good, it was from this point onwards NGOs have gained their notoriety, despite the work they do to address the needs of man. With a consistent rise of the number of actively participating NGOs, these humanitarian actors have since gone under scrutiny by the general population, which range from ineffective operations, scandals surrounding aid money, ethics within humanitarianism as well as man

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Crawford, Emily Jessica Teresa Law Faculty of Law UNSW. "Unequal before the law: Questioning the distinction between types of armed conflict in international law." Publisher:University of New South Wales. Law, 2008. http://handle.unsw.edu.au/1959.4/41260.

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This thesis makes the case for eliminating the distinction between types of armed conflict under international humanitarian law (IHL). Currently, IHL makes the distinction between international and non-international armed conflicts. International armed conflicts are regulated by more treaties than their non-international counterparts. Furthermore, the regulation of international armed conflicts is also considerably more comprehensive than that offered for participants in and victims of non-international armed conflicts. This bifurcation of the law was logical at the time the Geneva Convent

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Vasiliauskienė, Violeta. "The fight against terrorism in the context of international humanitarian law." Doctoral thesis, Lithuanian Academic Libraries Network (LABT), 2014. http://vddb.library.lt/obj/LT-eLABa-0001:E.02~2014~D_20140303_135329-20805.

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In the last decade the fight against terrorism was carried out not only by measures indicated in national criminal procedure laws or international treaties outlining measures in the fight against terrorism, but also using military forces and carrying out military measures. Thus the dissertation aims to establish when and to what extent is the international humanitarian law (hereinafter – IHL) applied in the fight against terrorism, that is, to analyze in what cases the fight against terrorism amounts to armed conflict, what is the status of terrorists taking part in the armed conflict accordin

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Samara, Angeliki. "The responsibility to protect and the notion of irresponsibility in international law." Thesis, University of Sussex, 2018. http://sro.sussex.ac.uk/id/eprint/80439/.

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34

Da, Rosa William Torres Laureano. "The dialectic of emancipation and repression in international human rights law." Thesis, University of Sussex, 2016. http://sro.sussex.ac.uk/id/eprint/64069/.

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The main objective of this thesis is to investigate, using the dialectical method, why human rights are not only just emancipatory in the international context but are also often used for the legitimation of repressive policies. The argument in this thesis accepts that human rights have an important role in the general development of international law, and that their historical development has had a transformational effect on international politics. My thesis is that political groups have sought to mould political and social interactions by questioning and reshaping both the definitions and th

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Klingsbo, Dina. "Palestinians’ Right to Property in the Occupied Territory Under International Humanitarian Law." Thesis, Örebro universitet, Institutionen för juridik, psykologi och socialt arbete, 2019. http://urn.kb.se/resolve?urn=urn:nbn:se:oru:diva-76596.

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36

Du, Plessis Madri. "Evaluation of the international law regarding humanitarian intervention in human rights abuses not breaching international peace and security." Thesis, Stellenbosch : Stellenbosch University, 2004. http://hdl.handle.net/10019.1/53742.

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Thesis (LLM)--Stellenbosch University,2004.<br>ENGLISH ABSTRACT: This study exammes, m stages of development, the existing law regarding humanitarian intervention, problems in respect of this law and cases of intervention. More specifically, intervention in human rights abuses not breaching international peace and security but rather posing a so-called threat to peace is examined. This information is used to consider whether more adequate provision can be made regarding circumstances of intervention to stop situations of grave human rights abuses sooner. From the law regarding humanitar

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37

Sutton, Rebecca. "The international humanitarian actor as 'civilian plus' : the circulation of the idea of distinction in international law." Thesis, London School of Economics and Political Science (University of London), 2018. http://etheses.lse.ac.uk/3803/.

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This socio-legal study reconceptualizes the principle of distinction in international humanitarian law (IHL). Moving away from the dominant vision of fixed civilian and combatant entities separated by a bright line, it introduces an alternative vision of how distinction works in different places and at different times, or what we might think of as ‘a new law of distinction’. This account is grounded in the practices of international actors across a number of global sites: from Geneva and The Hague to civil–military training programmes in Europe and the operational context of South Sudan. The m

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Kontou, Nancy. "The termination and revision of treaties in the light of new customary international law /." Oxford : Clarendon Press, 1994. http://www.gbv.de/dms/spk/sbb/recht/toc/278845193.pdf.

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39

Dakessian, Rodney. "Les effets juridiques des massacres commis contre les Armeniens en 1915 et leurs modes de resolutions judiciaires et extrajudiciaires possibles." Thesis, Lyon 3, 2012. http://www.theses.fr/2012LYO30096/document.

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Ma thèse vise en premier ressort à étudier toutes les questions juridiques concernant la ‘question arménienne’.D’abord, le sujet de l’existence des éléments du crime de génocide en 1915 au niveau du droit international conventionnel a été notre première question à étudier. Ensuite, il était indispensable d’étudier la nature du crime commis envers les Arméniens ottomans en 1915.En plus, est-ce que l’Etat Turc actuel peut-il être responsable d’un crime commis par l’Empire ottoman, selon le principe de la succession d’Etats en droit international, surtout que l’Etat Turc n’était créé qu’en 1923 ?

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Moir, Lindsay. "The protection of civilians during non-international armed conflict." Thesis, University of Cambridge, 1997. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.284993.

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Steiner, Hrafn. "Cyber operations, legal rules and state practice : authority and control in international humanitarian law." Thesis, Stockholms universitet, Juridiska institutionen, 2017. http://urn.kb.se/resolve?urn=urn:nbn:se:su:diva-142944.

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Kolb, Andreas Stephan. "The responsibility to protect : legal rights and obligations to save humans from mass murder and ethnic cleansing." Thesis, University of British Columbia, 2008. http://hdl.handle.net/2429/4160.

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The context for this work is set by the proliferation of intrastate conflicts and the international legal debate of humanitarian intervention. The thesis specifically addresses the concept of the “Responsibility to Protect” (R2P) as formulated by the International Commission on Intervention and State Sovereignty (ICISS). The objective is to assess the present quality of R2P as a concept of international law. Five components of the R2P framework are discussed: the primary responsibility of every state to protect its population from large-scale killings and large-scale ethnic cleansing; the righ

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Chigara, Benedict Tendayi. "The process of custom and the legitimacy of norms of customary international law : a deconstructionist perspective." Thesis, University of Nottingham, 1998. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.267675.

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Mavridis, Iakovos. "The practice of humanitarian intervention after the end of the Cold War : emerging norm or just practice? : humanitarian intervention and international law." Thesis, University of Hull, 2006. http://hydra.hull.ac.uk/resources/hull:5858.

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This thesis examines the practice of humanitarian intervention after the end of the Cold War. In the 90s there was an evident willingness of the world community to promote and protect human rights. The Security Council got involved in matters traditionally regarded internal affairs of states and imposed economic and diplomatic sanctions. What is more, the UN authorised military interventions in cases where massive abuses of human rights have taken place and this is the most significant normative change regarding humanitarian intervention. Thus, from "unilateral" humanitarian intervention we mo

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Östberg, Jenny. "Prisoner of War or Unlawful Combatant : An Evolution of International Humanitarian Law." Thesis, Linköping University, Department of Management and Economics, 2006. http://urn.kb.se/resolve?urn=urn:nbn:se:liu:diva-5603.

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<p>The construction of International Humanitarian Law and the norms regarding protection of prisoners of war have evolved as a reaction to the horrors of war. After September 11 and the following war on terrorism the notion of POWs has been widely debated. The USA holds prisoners at the navy base at Guantánamo Bay, Cuba without granting them status as POWs; this thesis is placing the treatment of these detainees within a historical context. The norm concerning rights of POWs is today both internationalized and institutionalized, but that has not always been the case. This thesis illuminates ho

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Dinniss, Heather Harrison. "The status and use of computer network attacks in international humanitarian law." Thesis, London School of Economics and Political Science (University of London), 2008. http://etheses.lse.ac.uk/2527/.

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The information revolution has transformed both modern societies and the way in which they conduct warfare. This thesis analyses the status of computer network attacks in international law and examines their treatment under the laws of armed conflict. A computer network attack is any operation designed to disrupt, deny, degrade or destroy information resident in computers and computer networks, or the computers and networks themselves. The first part of the thesis deals with a States right to resort to force and uses the U.N. Charter system to analyse whether and at what point a computer netwo

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Hardie, Kathleen. "Humanitarian Intervention, Human Rights and the use of force in International Law." Thesis, Hardie, Kathleen (2009) Humanitarian Intervention, Human Rights and the use of force in International Law. Masters by Research thesis, Murdoch University, 2009. https://researchrepository.murdoch.edu.au/id/eprint/2446/.

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This thesis will critically examine the status of humanitarian intervention in international law. This will involve an examination of constraints on the use of force both prior to and after the introduction of the Charter of the United Nations, along with the concept of state sovereignty and the prohibition of intervention in the domestic affairs of states. It will be argued that the failure of the collective security system envisaged by the Charter, along with changing perceptions of state sovereignty and the increased prominence of human rights have focused attention on the need to develop

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Olulowo, Kunle Adebamiji. "Unmanned Aerial Vehicles in Counterterrorism Efforts and Implications for International Humanitarian Law." ScholarWorks, 2018. https://scholarworks.waldenu.edu/dissertations/5766.

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The United States increasingly has resorted to the use of Unmanned Aerial Vehicles (UAVs) for targeted killings of terrorists as a counterterrorism strategy. More states and terrorist organizations also are acquiring UAVs and this development can lead to indiscriminate and unregulated use of UAVs. Previous researchers have indicated the surveillance ability and precise weapon delivery capacity of UAVs make them a weapon of choice for U.S. counterterrorism efforts. Although the U.S. government estimated the collateral damage involved in the use of UAVs at 3-5%, nongovernmental sources put it at

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Tenhunen, Salehi Vida. "A role for individuals in the formation of customary international law : should they affect opinio juris in the field of human rights?" Thesis, Stockholms universitet, Juridiska institutionen, 2017. http://urn.kb.se/resolve?urn=urn:nbn:se:su:diva-150085.

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Macak, Jakub (Kubo). "Internationalized armed conflicts in international law." Thesis, University of Oxford, 2014. http://ora.ox.ac.uk/objects/uuid:793d605d-dea3-403c-95df-c88bfe0cf19f.

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Abstract:

In a world shaped by the simultaneous forces of globalization and fragmentation, very few armed conflicts remain isolated from any foreign involvement and confined to the territory of one State. On the contrary, many begin as internal conflicts that gradually acquire international characteristics of varying degree and nature. Yet, the law of armed conflict forces each such conflict into one of two legal categories: it must either be a non-international, or an international armed conflict. Accordingly, the prevailing approach in the literature is to examine what type of conflict, if any, corres

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