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Begin New Search Topic Human Rights Journal Journal of Liberty and International Affairs Publication Year within 3 Years

1. THE ROLE OF REGIONAL HUMAN RIGHTS INSTITUTIONS IN TIMES OF ARMED CONFLICTS IN AFRICA

Author:
Ufuoma Veronica Awhefeada
Publication Date:
03-2023
Content Type:
Journal Article
Journal:
Journal of Liberty and International Affairs
Institution:
Institute for Research and European Studies (IRES)
Abstract:
Armed conflict is a perennial problem that has plagued Africa for decades, resulting in flagrant human rights abuse. The central problem this paper seeks to address is identifying the laws establishing institutions and agencies for protecting human rights in Africa and examining how well-adapted these institutions are to protect human rights in times of armed conflict in Africa. This research employs the doctrinal research method, which entails an examination of the relevant primary sources of the law as laid down in the statutes and treaties and interpreted by the courts as well as secondary source materials, including journal articles, reports, and other relevant sources materials. It is contended that though human rights institutions were not established with the goal of interventions in times of armed conflict to protect human rights, they can be adapted to meet this challenge to stem the tide of gross human rights violations during armed conflicts. The paper concludes by recommending the expansion in the practice of the mandate of these human rights institutions to accommodate mechanisms for the protection of human rights in times of armed conflicts.
Topic:
Human Rights, International Humanitarian Law (IHL), and Armed Conflict
Political Geography:
Africa

2. THE APPLIED STATE OF VIOLATION OF WOMEN'S RIGHTS IN ARMED CONFLICTS: YAZIDI WOMEN DURING THE ISIS WAR IN IRAQ

Author:
Roza Omer Hamadamin, Nor Anita Abdullah, and Mohd Zakhiri Md. Nor
Publication Date:
12-2022
Content Type:
Journal Article
Journal:
Journal of Liberty and International Affairs
Institution:
Institute for Research and European Studies (IRES)
Abstract:
On 3 August 2014, fighters from the Islamic State in Iraq and al-Sham (ISIS) attacked the Yazidi minority of Sinjar in Kurdistan-Iraq. The Yazidi community was the main target of ISIS fighters, including Yazidi women. The ISIS group has committed violence against Yazidi women in several ways. This study aims to show the crimes committed by the group ISIS against Yazidi women and to highlight the problem of violence against women in war through recent living examples, such as women in the ISIS war between 2014-2017. The second part of this study identifies the legal deficiencies related to the regulations that guarantee the protection of women's rights in Iraq. Through a content analysis approach, qualitative methodologies are used. Also, based on a thematic analysis of semi-structured interviews, this paper found that the Yazidi women and girls have been subjected to the most heinous crimes involving international crimes. Furthermore, despite various legal provisions in Iraqi laws and the constitution relating to protecting women's rights, these laws have several legal deficiencies. The Iraqi legal authority has not attempted to guarantee sufficient protection for women's rights in armed conflicts.
Topic:
Human Rights, Women, Islamic State, Armed Conflict, Human Rights Violations, and Yazidis
Political Geography:
Iraq and Middle East

3. Extradition in the Criminal Procedural Legislation of Ukraine:" Compliance With The European Standards

Author:
Victoriia Rohalska, Oksana Bronevytska, and Gediminas Buciunas
Publication Date:
02-2022
Content Type:
Journal Article
Journal:
Journal of Liberty and International Affairs
Institution:
Institute for Research and European Studies (IRES)
Abstract:
The importance of legal regulation of extradition in the system of legal aid in criminal proceedings is determined both by the national interests of states and the interests of international cooperation in combating transnational and international crimes. The objective of this paper was to get the answer to the main question of this research - Did the provisions of the law on extradition in Ukraine meet international standards? A set of general and special scientific, and philosophical methods of scientific research were used while preparing this article, to clarify the approaches to the extradition procedure of different countries and in practice. The results of the research suggested that the current criminal procedure legislation of Ukraine in the sphere of extradition generally meets European standards. Although, there are some gaps in the national legal regulation of extradition that may adversely affect the observance of the rights and freedoms of persons to whom it is applied.
Topic:
Human Rights, International Cooperation, International Law, European Union, and Extradition
Political Geography:
Europe and Ukraine

4. Minority Rights in Central Asia: Insights From Kazakhstan, Kyrgyzstan, and Uzbekistan

Author:
Aram Terzyan
Publication Date:
06-2021
Content Type:
Journal Article
Journal:
Journal of Liberty and International Affairs
Institution:
Institute for Research and European Studies (IRES)
Abstract:
This paper explores the state of minority rights in the three Central Asian countries of Kazakhstan, Kyrgyzstan, and Uzbekistan. These countries share a lot of similarities in terms of their post-Soviet authoritarian legacy and weakness of democratic institutions. The repressive political landscapes of the Central Asian states have taken their tolls on minority groups, leaving them discriminated against, mistreated, and severely disadvantaged. Minority rights violations range from ethnic and religious discrimination to state-sponsored homophobia. Even though the leadership changes have positively affected the state of human rights in the three countries, there is still a slow pace of reforms. Overall, domestic changes in Uzbekistan, Kazakhstan, and Kyrgyzstan have not yielded considerable results so far in terms of alleviating the plight of minority groups across these countries.
Topic:
Human Rights, Minorities, Discrimination, and Oppression
Political Geography:
Central Asia, Kazakhstan, Asia, Kyrgyzstan, and Uzbekistan

5. Refouling Rohingyas: The Supreme Court of India's Uneasy Engagement with International Law

Author:
Malcolm Katrak and Shardool Kulkarni
Publication Date:
06-2021
Content Type:
Journal Article
Journal:
Journal of Liberty and International Affairs
Institution:
Institute for Research and European Studies (IRES)
Abstract:
The complex relationship between international and municipal law has been the bone of significant scholarly contention. In the Indian context, despite a formal commitment to dualism, courts have effected an interpretive shift towards monism by espousing incorporation of international law. The case of Mohammad Salimullah v. Union of India, which involves the issue of deportation of Rohingya refugees from India, represents a challenge in this regard owing to the lack of clarity as to India’s obligations under the principle of non-refoulement. The paper uses the Supreme Court’s recent interim order in the said case as a case study to examine India’s engagement with international law. It argues that the order inadequately examines the role of international law in constitutional interpretation and has the unfortunate effect of ‘refouling’ Rohingyas by sending them back to a state where they face imminent persecution.
Topic:
Human Rights, International Law, Law, Minorities, Constitution, and Discrimination
Political Geography:
India and Asia