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111. Civilizational War: The Will to Win

Author:
Andrey Ilnitsky
Publication Date:
01-2024
Content Type:
Journal Article
Journal:
International Affairs: A Russian Journal of World Politics, Diplomacy and International Relations
Institution:
East View Information Services
Abstract:
The US National Security Strategy defines the US as a global hegemon that sees no dividing lines between domestic and foreign policies and treats the world as its sphere of interests.
Topic:
Foreign Policy, Globalization, National Security, War, Hegemony, Ideology, Civilization, Deep State, and Generative Models
Political Geography:
Russia and United States of America

112. Nationality and the Right to Enter: Assessing the Impact of Refusal of Entry for the Purpose of Statelessness Determination

Author:
Cecilia Manzotti
Publication Date:
02-2024
Content Type:
Journal Article
Journal:
Statelessness & Citizenship Review
Institution:
Peter McMullin Centre on Statelessness, Melbourne Law School
Abstract:
This article considers the legal situation of migrants, including rejected asylum seekers, who are unable to enter what was, until then, regarded as their country of nationality. This is because that country, without explicitly disputing their nationality, either prohibits their entry or de facto prevents them from entering its territory by failing to issue travel documents or respond to requests for consular assistance for organising return. By examining the conceptualisation of nationality in international law on the one hand, and the international legal definition of a stateless person on the other hand, the article argues that the right to enter the territory of one’s state is so essential to the concept of nationality that refusal of entry and denial of consular assistance for arranging return should be regarded as evidence that the state does not consider a person as its national. Based on this argument, the article further assesses the suitability of the United Nations High Commissioner for Refugees’ guidance on statelessness determination in cases of direct or indirect denial of entry. Ultimately, this contribution aims to clarify the scope of the international legal definition of a stateless person by strongly grounding its interpretation in the conceptualisation of nationality in international law.
Topic:
Nationality, Migrants, Right of Entry, Refusal of Entry, Statelessness, and Asylum Seekers
Political Geography:
Global Focus

113. Reconfiguration of Citizenship Beyond State Boundaries in Rojava

Author:
Atefeh Ramsari
Publication Date:
02-2024
Content Type:
Journal Article
Journal:
Statelessness & Citizenship Review
Institution:
Peter McMullin Centre on Statelessness, Melbourne Law School
Abstract:
This paper seeks to investigate different modes of practicing citizenship in two political settings. One, in which an ethno-national state sets boundaries of membership and excludes some groups accordingly. The other, a democratic confederal system where neither state nor ethnic boundaries play a role in the configuration of citizenship. This empirical study looks at the individual perceptions and experiences of membership by stateless persons living in Rojava before and after the establishment of the Autonomous Administration of North and East Syria. The stateless Kurds in the north of Syria, in the time of the Ba’ath government, had limited access to resources and their social life was restricted. When northern Syria (‘Rojava’) went through fundamental institution-building to implement democratic self-administration and confederalism, the conceptualisation of citizenship changed within the context of reclaiming power from the State. This is understood as a transformation from people as state objects into active actors. My discussion here focuses on how the stateless groups develop a sense of belonging, reposition the political demands and arrange social engagement horizontally. An important issue emerging from the findings is that daily membership experiences are remarkably associated with active voluntary participation in the organisation of the community. In the self-organising system, regardless of the precarious legal status the persons are holding, citizenship content and consequences in daily life are more inclusionary and egalitarian.
Topic:
Citizenship, Kurds, Belonging, Statelessness, Rojava, and Autonomous Administration of North and East Syria (AANES)
Political Geography:
Middle East and Syria

114. 'I Don't Know What Tomorrow will Bring': Understanding COVID-19’s Impact on the United States’ Stateless Population

Author:
Ashley Walters, Taryn Painter, and Heidi Meyers
Publication Date:
02-2024
Content Type:
Journal Article
Journal:
Statelessness & Citizenship Review
Institution:
Peter McMullin Centre on Statelessness, Melbourne Law School
Abstract:
In March 2020, COVID-19 was declared by the World Health Organisation (‘WHO’) as a global pandemic. Since the WHO’s declaration, it has become increasingly clear that the most vulnerable communities have experienced the brunt of the pandemic. Though race, ethnicity and economic status are considered in a majority of reports on the social, physical and financial impacts of COVID-19, there is little to no information on the impact of COVID-19 on stateless communities within the United States (‘US’). This research endeavours to add to the understanding of statelessness in the US by determining the impacts of COVID-19 on stateless people in the US through a survey scoping project. Through anonymous questionnaires completed by stateless individuals (n=19) in the United States, this study explores how stateless individuals have been impacted by the pandemic, including experiencing economic hardships, mental health challenges, physical health concerns and issues with documentation and legal status.
Topic:
Health, Economy, Mental Health, Pandemic, COVID-19, Stateless Population, Vulnerability, Legal Status, and Documentation
Political Geography:
North America and United States of America

115. Getting Statelessness Published: Pathways to Publication for Early Career Researchers in the Field of Statelessness Studies

Author:
Barbara von Rütte
Publication Date:
02-2024
Content Type:
Journal Article
Journal:
Statelessness & Citizenship Review
Institution:
Peter McMullin Centre on Statelessness, Melbourne Law School
Abstract:
In Hungary, four legislations regulating citizenship-related issues in detail had been enacted starting from the second half of the 19th century. The Hungarian legislation recognises the legal status of statelessness and the concept of a stateless person. Hungary has ratified both the 1954 Convention relating to the Status of Stateless Persons(‘1954 Convention’)1 and the 1961 Conventionon the Reduction of Statelessness (‘1961 Convention’).2 Consequently, there was an intention to find a solution for persons who submit an application for stateless status in its territory. In this commentary, I introduce the Hungarian citizenship legislation in force, particularly focusing on the articles concerning the acquisition of Hungarian citizenship and how these relate to statelessness. I examine whether statelessness is adequately addressed in the legislation governing the acquisition of Hungarian citizenship and whether the legislation in force is able to provide appropriate safeguards in order to prevent statelessness, especially childhood statelessness. Comprehensive analysis regarding this matter is currently lacking. I argue that the situation in Hungary could be viewed as a ‘glass half empty’, as the citizenship legislation does provide some safeguards against statelessness, but significant flaws remain in the legislation regarding the prevention of statelessness, especially childhood statelessness. The National Assembly should address these gaps toenable Hungary to fulfil its international obligations under the 1961 Conventionto prevent and eradicate childhood statelessness. This commentary only focuses on the examination of the citizenship law and its safeguards against statelessness. I do not extend the analysis to the Hungarian statelessness determination procedure.
Topic:
Citizenship, Naturalization, Legislation, Statelessness, and Hungarian Citizenship Act
Political Geography:
Europe and Hungary

116. Habbal et al v Argentina: The Inter-American Court of Human Rights’ Test on Arbitrary Deprivation of Nationality

Author:
Maria Jose Recalde-Vela
Publication Date:
02-2024
Content Type:
Journal Article
Journal:
Statelessness & Citizenship Review
Institution:
Peter McMullin Centre on Statelessness, Melbourne Law School
Abstract:
The right to a nationality is enshrined under art 20 of the American Convention on Human Rights (‘ACHR’),1 which states that: 1.Every person has the right to a nationality. 2.Every person has the right to the nationality of the state in whose territory he was born if he does not have the right to any other nationality. 3.No one shall be arbitrarily deprived of his nationality or of the right to change it. The two bodies that oversee the implementation of the ACHRare the Inter-American Commission on Human Rights (‘IACommHR’) and the Inter-American Court of Human Rights (‘IACtHR’).2Despite the fact that not many cases concerning violations of art 20 of theACHRhave been heard before the IACtHR, the Court’s decisions to date have ‘reinforced guarantees against statelessness which establish limits to State discretion in this regard’.3 This is also true in matters concerning the right to a nationality. This case note discusses the case of Habbal et al v Argentina(‘Habbalet al’),4 in which several important issues were raised regarding nationality matters and broader human rights questions in the context of human mobility. This note analyses the matter of arbitrary deprivation of nationality, as the case offers an important addition to the IACtHR’s jurisprudence on nationality. Even though the ruling was not in favour of the victims, this decision is nevertheless valuable for its discussion on the scope of the prohibition of the arbitrary deprivation of nationality; an issue of growing concern worldwide.
Topic:
Human Rights, Law, Nationality, Jurisprudence, Habbal et. al. v. Argentina, and Inter-American Court of Human Rights
Political Geography:
Argentina and South America

117. Statelessness Before the ICJ: The Gambia v Myanmar

Author:
Jade Roberts
Publication Date:
02-2024
Content Type:
Journal Article
Journal:
Statelessness & Citizenship Review
Institution:
Peter McMullin Centre on Statelessness, Melbourne Law School
Abstract:
The ongoing proceedings in Application of the Convention on the Prevention and Punishment of the Crime of Genocide (The Gambia v Myanmar)1have been recognised as significant for a number of reasons.2First, the proceedings concern genocide, which isregarded as the most heinous of crimes,3and due to issues of jurisdictional limitations in parallel proceedings in the International Criminal Court (‘ICC’),4theInternational Court of Justice (‘ICJ’ or ‘the Court’) may be the only international court capable of determining whether genocide has occurred.
Topic:
Genocide, International Court of Justice (ICJ), Rohingya, and Statelessness
Political Geography:
Southeast Asia, Myanmar, and Gambia

118. The abuse of a motion of no confidence in Lesotho: Triggers and impact

Author:
Mokete Pherudi
Publication Date:
03-2024
Content Type:
Journal Article
Journal:
Conflict Trends
Institution:
The African Centre for the Constructive Resolution of Disputes (ACCORD)
Abstract:
The article notes that the motion of no confidence in the Prime Minister (PM) in Lesotho is provided for in the Constitution, but different political leaders have abused it on several occasions for various party political and subjective reasons. This article, therefore, explores the abuse of this provision, its triggers, and how they have impacted the political stability and socioeconomic situation in the country. Lesotho is a constitutional democracy governed by a constitution adopted in 1993. One of the provisions of this Constitution is Section 87,1 which deals with a ‘motion of no confidence’. Constitutionally, the government must, at all times, enjoy the confidence of the National Assembly, and Section 87(2) of the Constitution embodies the principle that: The King shall appoint as Prime Minister the member of the National Assembly who appears to the Council of State to be the leader of the political party or coalition of political parties that will command the support of a majority of the members of the National Assembly.2 Similarly, the Constitution gives Parliament the power to withdraw confidence from the government of the day. The passing of the motion of no confidence requires a simple majority, and any member of Parliament can propose it.3 The only precondition for a motion of no confidence in government is the name of a member of the National Assembly for the King to appoint in place of the PM.4
Topic:
Politics, Governance, Constitution, and Parliament
Political Geography:
Africa and Lesotho

119. Enhancing synergies between peacebuilding and human rights interventions of the Africa Union (AU)

Author:
Ojot Miru Ojulu
Publication Date:
03-2024
Content Type:
Journal Article
Journal:
Conflict Trends
Institution:
The African Centre for the Constructive Resolution of Disputes (ACCORD)
Abstract:
Maintaining international peace and promoting the development and protection of human rights are three pillars upon which the United Nations (UN) is founded. This innate relationship between peacebuilding and human rights has been underscored several times by the UN. For instance, addressing the UN Security Council on 18 April 2017, UN Secretary-General António Guterres said, ‘upholding human rights is a crucial element of [conflict] prevention’ and ‘human rights are intrinsically linked to sustaining peace.’1 For the African Union (AU), the promotion of peace, security, and stability, on the one hand, and the promotion and protection of human and peoples’ rights, on the other hand, are among its key objectives.2 Despite this intrinsic relationship between peacebuilding and human rights, less attention has been given to mainstreaming this relationship into the decisions, interventions, and institutions of the AU. This article aims to shed light on the nexus between peace and human rights and why it is important for sustainable peace on the continent. In the first section, the article will analyse the peacebuilding and human rights nexus, and then the second section will zoom in on key peacebuilding and human rights frameworks under the AU. Finally, the article will highlight how peacebuilding and human rights could be better integrated under the AU frameworks and operations.
Topic:
Development, Human Rights, African Union, and Peacebuilding
Political Geography:
Africa

120. SADC and election-related conflicts in Zimbabwe: An assessment and recommendations

Author:
Tinashe Sithole
Publication Date:
03-2024
Content Type:
Journal Article
Journal:
Conflict Trends
Institution:
The African Centre for the Constructive Resolution of Disputes (ACCORD)
Abstract:
This article evaluates the role of the Southern Africa Development Community (SADC) in resolving electoral conflicts in Zimbabwe, emphasising the organisation’s constrained enforcement capacity and reliance on diplomatic strategies. The discussion delves into the SADC and African Union (AU) institutional structures and preparedness to manage such conflicts, assessing their effectiveness in promoting democratic governance standards within the region. The author contends that, despite articulating governance norms, SADC’s intervention efforts are hindered by enforcement limitations and solidarity rooted in liberation movements, necessitating a reliance on moral persuasion and diplomatic tactics. The consequence is the violation of the SADC guidelines1 and principles governing democratic elections. Since 1985, Zimbabwe has faced election-related conflicts, with an escalating trend since the 2000s. The AU and SADC, as continental brokers, often intervene belatedly, lacking coercive authority. SADC’s coercive authority involves sanctions and military intervention, contingent on Member States’ consensus and collective commitment. Despite normative frameworks, there are allegations of rigging in Zimbabwe’s elections. The crucial question is whether SADC can effectively prevent civilian deaths in the electoral process, given that in the 2018 and 2023 disputes, the Responsibility to Protect was solely entrusted to the state. The article concludes by emphasising the significance of interpreting election-related conflict violations for adequate SADC attention and intervention. The historical lack of SADC intervention in violent election incidents across SADC countries has contributed to large-scale violence in subsequent instances, exemplified by Zimbabwe’s 2018 and 2023 elections.
Topic:
Diplomacy, Elections, Conflict, and South Africa Development Community (SADC)
Political Geography:
Africa and Zimbabwe