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 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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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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