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14. Armed Conflict in West Asia: Lessons for the Jus ad Bellum
Daniel Joyner
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35. Armed Conflict in Yemen: An Illustration of the Pertinence and Deficiencies of Existing IHL
Rules
Marco Sassoli
36. Supporting Women in Armed Conflicts in the Middle East: A Comparative Study of the
Islamic Legal System and the International Human Rights System
Ahmadreza Towhidi & Fatemeh Samadlooyi
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49. Legal Status of Syrian Asylum Seekers in Turkey from Today to the Future
Dikran M. Zenginkuzucu
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64. Terrorism in Western Asia from the Perspective of International Law: Emphasis on
Assassination of General Soleimani and Dr. Fakhri Zadeh
Azra Qadir
JASTA
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Armed Conflict in West Asia: Lessons for the Jus ad Bellum
Daniel Joyner
Professor of University of Geneva
The question that could be asked, what should we as international lawyers do about
the lamentable situation with regard to conflicts? Even with its shortcomings and
our disagreements over its interpretation and application, does the jus ad bellum not
serve some useful role as a norm of prohibition and of legitimacy in international
relations, even though violations of it are many and repeating? Or would it in fact
be better for international law if it did not even attempt to regulate this area of
international relations, due to the apparent inability of the law, at the current state of
its development, to effectively do so? These are difficult questions. We try to
comment on them.
Key Words: Armed conflict, West Asia, Jus ad Bellum
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Armed Conflict in Yemen: An Illustration of the Pertinence and Deficiencies
of Existing IHL Rules
Marco Sassoli
Abstract
The first focus of the discussion is on the distinction between international and non-international armed
law, which is reflected in the occupation. In this regard, the observance of Article 1 of the Second
Additional Protocol must be observed. Coordination must take place between Saudi-backed forces and the
United Arab Emirates, so that humanitarian support is possible. The second axis is targeting and
distinguishing between civilians and fighters, which was not observed regarding the Yemeni war;
residential areas, refugee camps, markets, etc. were attacked. There is a vacuum regarding the humanitarian
declaration that other cases may be affected and civilian areas must be properly identified; In practice,
however, NGOs and hospitals run by MSF are becoming more important than ordinary civilian facilities.
The third is the issue of siege. In this regard, the existence of rigorous inspections made it difficult for
humanitarian aid to be provided. The fourth is the importance of protecting the injured, patients and
hospitals. And the fifth axis is the treatment of detainees, which in the Yemeni war, detention was
accompanied by torture and harassment, and the need for a fair trial and the formation of a court is felt.
Sixth is about humanitarian access and humanitarian aid, which must be accompanied by satisfaction. The
seventh axis is the connection of children with armed groups, which has occurred through the use of
children in the military, human rights and humanitarian violations. And eighth, the issue of fundamental
convergence and divergence between human rights and humanitarian law that needs to be addressed.
Keywords: International Humanitarian Law, Human Rights, Yemen.
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Supporting Women in Armed Conflicts in the Middle East:
A Comparative Study of the Islamic Legal System and the International Human Rights System
Ahmadreza Towhidi
Fatemeh Samadlooyi
Abstract
Armed conflicts have long been occurring, if not intermixed, with the Middle East area. Violence against
women has been a very controversial issue during the wars that take place in this very sensitive region. The
religion of Islam, with its emergence, made it a duty of people to preserve and observe the dignity of human
beings and through emphasizing in the equal rights of men and women, it has tried to preserve the dignity
of women in both war and peace, hence women would not receive any harm or violence during wars and
armed conflicts. The international human rights system, from its inception through to its development, has
always tried to make the world aware of the issue of violence against women in wars, hence in addition to
raising awareness during the ratification of various conventions, it has tried to prevent violence against
women.
Keywords: violence against women, Islam, international humanitarian law.
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Legal Status of Syrian Asylum Seekers in Turkey from Today to the Future
Dikran M. Zenginkuzucu
Abstract
According to Turkish Directorate General of Migration Management reports, more than 3,6 millions of
Syrian asylum seekers are under temporary protection regime in Turkey. United Nations High
Commissioner for Refugees (UNHCR) reports that Turkey is the number one host country for asylum
seekers in the world. One of the actual discussion on the destiny of Syrian asylum seekers in Turkey is their
status after the end of temporary protection regime. In this context, the regulations envisaged for the end
of temporary protection in Turkish legislation shall be discussed in the light of global standards on
international protection. This study aims at discussing Article 11 of Turkish Temporary Protection
Regulation in comparison with UNHCR Temporary Protection or Stay Arrangements Guideline and
international humanitarian law. In this respect, the conditions to discontinue temporary protection, legal
and political bases for a decision to return the asylum seekers, the conditions of acquiring Turkish
nationality and the conformity of Turkish legislation with global standards will be discussed. This study
will stand for a decision of termination based on voluntariness of asylum seekers in accordance with
UNHCR Guideline.
Keywords: International protection, refugee, temporary protection, Turkey, Syrian asylum seekers
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Terrorism in Western Asia from the Perspective of International Law: Emphasis on
Assassination of General Soleimani and Dr. Fakhri Zadeh
Azra Qadir
Abstract
International law may be defined as a body of rules of law which is composed for its greater part of the
principles and rules of conduct which states feel and find themselves bound to observe and commonly
observe them in their relations with each other. The law of armed conflicts is a branch of international
law and clearly based on our customs, traditions and experience of armed conflict throughout the ages.
Treaty law is based on the Geneva law, four 1949 conventions and Hague law by stating way of attack and
limits the destructive effects of combat, hence achieves military or mission. Terrorism constitutes
illegitimate use of force to achieve a political aim when innocent people are targeted. The geographical
position of the East-West Asia region of every great power in history to seek advanced interest in this
region. The strategic situation of this area as the vast resource of oil in the world has made it a regular
source of foreign interference in the post-world war era. This area is also important due to the religions
Christianity, Judaism and Islam. These circumstances impress the superpowers to intervene and de-stable
this region through violence, targeted killing, drone attacks, terrorism and sport behind sectorial
terrorism. Hence, in this manner, many Muslim scientists are targeted as blind murder. As a special case
study of Iran, to weaken it economically, politically, and with respect to armed purposes, the terrorists
endeavored to attack General Qasem Soleimani and on January 3rd, 2020, and Dr. Fakhri Zadeh convoy
on November 27th, 2020. Now it is time to investigate the conspiracies behind these acts and, as state
officials of the Iranian government, to pursue the terrorist aims.
Keywords: Islamic Republic of Iran, Armed conflicts, West-East Asia, Terrorism, General Qasem
Soleimani, Dr. Mohsen Fakhri Zadeh.
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