Graduate Institute Publications
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The Development of International Refugee Protection through the Practice of the UN Security Council
Collectif
- Graduate institute publications
- 1 Avril 2011
- 9782940415311
This paper examines the ambivalent influence of the UN Security Council´s practice on the development of international refugee protection since the early 1990s. While the international refugee protection regime did not originally foresee a role for the Security Council, the increasingly complex security challenges in the post-Cold War era have led to its de facto inclusion in the institutional framework of protection. After having used its wide discretionary powers under the UN Charter to link refugee flows with its primary responsibility for the maintenance of international peace and security, the Security Council thus began to strengthen different aspects of international refugee protection. Mariano Garcia Rubio Prize 2009 for the best Master´s Thesis in International Law. A revised version of Part 3 of this ePaper was published as C. Ahlborn, `The Normative Erosion of International Refugee Protection through UN Security Council Practice´, (2011) 24 Leiden Journal of International Law, pp 1009-1027. The views reflected in this paper are personal and do not necessarily reflect those of the Graduate Institute of International and Development Studies.
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The Evolving Patterns of Lebanese Politics in Post-Syria Lebanon
Collectif
- Graduate institute publications
- 31 Mars 2011
- 9782940415281
This work aims to shed light on the evolution of the Lebanese political arena after the withdrawal of Syrian troops in April 2005 by analyzing the perceptions of Hizballah among members of the Free Patriotic Movement (FPM), as the alliance between the two groups enters its fourth year. Hizballah is generally well portrayed among FPM members although the two constituencies have very few elements in common. Different backgrounds, confessions, political views and cultural traits distinguish them.
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The aut dedere aut judicare, or "extradite or prosecute" clause is shorthand for a range of clauses that are almost compulsory in international treaties criminalizing conduct, obliging a State to either extradite or prosecute one accused of the crime the subject of the treaty. The obligation has become increasingly central in the emerging legal regime against impunity and has a role in States' armoury of international criminal enforcement mechanisms. Yet there has been little academic consideration of the sources of the principle, including whether it exists at customary international law, and the scope and operation of the obligation. While the topic is currently being considered by the International Law Commission, this paper seeks to provide some of the empirical research that has to date been missing and to identify the sources and scope of the obligation to extradite or prosecute. The views reflected in this paper are personal and do not necessarily reflect those of the United Nations.
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The Functional Beginning of Belligerent Occupation
Collectif
- Graduate institute publications
- 15 Avril 2011
- 9782940415489
Since the mid-19th century military powers and various writers have tried to define the notion of belligerent occupation and, in particular, the beginning thereof. There are many situations in which a state of occupation is controversial or even denied. When is control so effective that an invasion turns into a state of belligerent occupation? What is the minimum area of a territory that can be occupied; a town, a hamlet, a house or what about a hill taken by the armed forces? This paper examines what seems to be an important gap of the Fourth Geneva Convention: contrary to the Hague Regulations of 1907 it does not provide a definition of belligerent occupation. It is argued that the Fourth Geneva Convention follows its own rules of applicability and that therefore the provisions relative to occupied territories apply in accordance with the "functional beginning" of belligerent occupation approach from the moment that a protected person finds him or herself in the hands of the enemy. Henry Dunant Prize 2010 from the Geneva Academy of International Humanitarian Law and Human Rights (ADH Geneva)
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Réchauffement climatique et migrations forcées ; le cas de Tuvalu
Collectif
- Graduate institute publications
- 30 Avril 2011
- 9782940415304
L´augmentation de 0,74o Celsius de la température moyenne depuis la fin du XIXe siècle a déjà provoqué des changements écologiques importants dans la biosphère. Une des conséquences du réchauffement climatique est l´élévation du niveau de la mer. Le point le plus haut de Tuvalu, un petit Etat polynésien formé de neuf atolls, se situe seulement à 4 mètres au-dessus du niveau de la mer et, d´ici 2050, Tuvalu pourrait disparaître des suites de la montée des océans. Cette situation pose de nombreux problèmes juridiques, dont le plus évident est la disparition du territoire d´un Etat souverain.
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