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11. After ISIL: Justice and Protection for Children in Iraq

Author:
John Millock
Publication Date:
01-2018
Content Type:
Journal Article
Journal:
Harvard Journal of Middle Eastern Politics and Policy
Institution:
The John F. Kennedy School of Government at Harvard University
Abstract:
ISIL recruited children through a variety of means, including abducting children from orphanages and hospitals, or offering to pay parents hundreds of dollars a month in exchange for each child’s attendance at military training. Additionally, child soldiers were often taken from particular ethnic groups or religious communities, such as Yazidis and Christians, as a means to terrorize these groups. Since the territorial collapse of ISIL began in 2017, many of these child soldiers have defected; some fled ISIL territory and are living anonymously in Europe while others returned to their home countries. Debates about how national legal systems should handle these former child soldiers have arisen in all of these jurisdictions. In Iraq, which has dealt with a particularly large number of former ISIL child soldiers, there have been concerns about the national justice system’s capacity to adequately address the prosecution and rehabilitation of ISIL’s former child soldiers.
Topic:
United Nations, Law, Children, Violent Extremism, Islamic State, Transitional Justice, Conflict, and Criminal Justice
Political Geography:
Iraq and Middle East

12. Lebanon’s 2017 Parliamentary Election Law

Author:
International Foundation for Electoral Systems
Publication Date:
05-2018
Content Type:
Working Paper
Institution:
International Foundation for Electoral Systems
Abstract:
A new Lebanese government was established in December 2016 and enacted a new election law in 2017. The new law will be in force for parliamentary elections scheduled to be held on May 6, 2018, the first since June 2009. The law’s passage is a significant achievement when considering the fragmented, complex and shifting nature of Lebanon’s politics, which is dominated by two major political and electoral alliances and overlaid by regional rivalries. The new law, however, is not likely to change the political landscape or bring an end to confessionalism in politics, which remains the overall goal in the country’s Constitution. To help you understand this important electoral law, the International Foundation for Electoral Systems (IFES) provides a briefing paper on Lebanon’s 2017 Parliamentary Election Law. The paper provides an analysis of the new election law in comparison to the 2008 election law.
Topic:
Law, Elections, Democracy, and Political Parties
Political Geography:
Middle East and Lebanon

13. What is Left from the Identity of the State of Israel Proclaimed in the Declaration of Independence?

Author:
Mordechai Schenhav
Publication Date:
01-2018
Content Type:
Journal Article
Journal:
Polish Political Science Yearbook
Institution:
Polish Political Science Association (PPSA)
Abstract:
The purpose of this article is twofold. First, to look at the Identity of Israel as both Jewish and democratic State in its Declaration of Independence and the status it acquired over the years within the Constitutional and law system. The second, to examine, through the evolution of the enounced principle of equality in the situation of economic, gender, reli- gious and national minorities, how it was implemented and what has changed after 70 years. From the outset, the Declaration was not given a constitutional status but later the Supreme Court gave it an interpretive quality. With the two Basic Laws on Human Rights, limited as they were, it gave the Supreme Court much more advantage to intervene and impose the Identity of the State as Jewish and democratic in its interpretations of laws in spite of strong criticism and even to influence and criticize the Knesset legislation. However, Israel is still not a true liberal Democracy since the rights within it are determined more according to the ethnic-national religious belonging of the person than according to its citizenship and the principle of equality is only partially adopted in practice with different degrees as regards the various minorities. In some aspects, it even moves away from the original intended Iden- tity of an exemplary liberal Democratic Nation State.
Topic:
Nationalism, Law, Legislation, State Building, Identity, and Equality
Political Geography:
Middle East and Israel

14. Re-embracing the Wartime Detention Mission

Author:
Ryan J. Vogel
Publication Date:
07-2017
Content Type:
Journal Article
Journal:
Fletcher Security Review
Institution:
The Fletcher School, Tufts University
Abstract:
President Donald Trump has made clear his intent to utilize wartime detention in the fight against al-Qaeda and ISIS. As former Deputy Assistant Secretary of Defense for Rule of Law and Detainee Policy, William Lietzau, and I have argued elsewhere, this could be a positive development in the United States’ evolving approach to the war against al-Qaeda, ISIS, and their associates, so long as it is coupled with a commitment to continuing key detention policies and humane treatment standards developed over the past fifteen years. In recent years, the United States has largely avoided adding to the detainee population at Guantanamo (GTMO) – mainly in reaction to some of the more infamous excesses from the first couple of years after the attacks on September 11, 2001. But failing to capture new enemy fighters has come with an operational and humanitarian cost. The United States should take the opportunity that comes with political transition to re-embrace the wartime detention mission.
Topic:
Government, Human Rights, Law, Prisons/Penal Systems, Al Qaeda, Islamic State, and War on Terror
Political Geography:
Middle East, Global Focus, United States of America, and Guantanamo

15. All For One and One For All: Toward A Coordinated EU Approach on Returnees

Author:
Colin P. Clarke
Publication Date:
11-2017
Content Type:
Special Report
Institution:
Georgetown Journal of International Affairs
Abstract:
As European authorities watched thousands of aspiring jihadists leave their countries to fight in Iraq and Syria in 2012 and 2013, few laws were in place to prevent them from “taking a holiday in Istanbul,” a well-known euphemism for jihadists seeking to travel to Syria. As law enforcement and intelligence agencies prepare for the return of some of those who left, European officials may be wondering whether they have the policies, authorities and capabilities to effectively deal with any threats returnees may present.
Topic:
Law, Violent Extremism, Citizenship, and Islamic State
Political Geography:
Iraq, Middle East, Syria, and European Union

16. Transitional Justice in the Middle East and North Africa

Author:
Center for International and Regional Studies
Publication Date:
01-2017
Content Type:
Special Report
Institution:
Center for International and Regional Studies: CIRS
Abstract:
Following the ‘Arab Spring’ uprisings in the Middle East and North Africa, many had high hopes not only for democratization but also for transitional justice to address the myriad abuses that had taken place in the region, both during the uprisings and for decades prior to them. Despite these hopes, most of the transitions in the region have stalled, along with the possibility of transitional justice. This volume is the first to look at this process and brings together leading experts in the fields of human rights and transitional justice, and in the history, politics and justice systems of countries such as Egypt, Tunisia, Libya, Algeria, Bahrain and Morocco. While these countries have diverse histories, political institutions, and experiences with accountability, most have experienced non-transition, stalled transition, or political manipulation of transitional justice measures, highlighting the limits of such mechanisms. These studies should inform reflection not only on the role of transitional justice in the region, but also on challenges to its operation more generally.
Topic:
Democratization, Human Rights, Law, and Arab Spring
Political Geography:
Middle East and North Africa

17. Local Recommendations for Access to Justice in Turkey

Author:
Bürge Elvan Erginli, Gamze Nur Çelik, Koray Özdil, and Seda Akço Bilen
Publication Date:
11-2015
Content Type:
Special Report
Institution:
Turkish Economic and Social Studies Foundation (TESEV)
Abstract:
The report “Local Recommendations for Access to Justice in Turkey” was developed under the project Enhancing Civic Participation and Confidence Building in the Judicial Reform Process and run in partnership with the Turkish Economic and Social Studies Foundation (TESEV) and Turkije Instituut, based in Leiden, Netherlands. The main objectives of the project are to identify, at a local level, the problems that prevent citizens in Turkey from accessing justice in judicial processes, to support local actors serving in the field of justice and law in turning identified problems into significant policy recommendations, and thus, to develop local recommendations for judicial reform.
Topic:
Environment, Law, Courts, and Justice
Political Geography:
Turkey, Middle East, and Netherlands

18. Assessment on Changes regarding the Specially Empowered Judicial System in Turkey

Author:
Hande Özhabeş
Publication Date:
05-2014
Content Type:
Special Report
Institution:
Turkish Economic and Social Studies Foundation (TESEV)
Abstract:
A number of amendments for criminal law have been instituted in Turkey in recent years within the framework of the judicial reform process that especially were geared towards the realization of the fair trial principle. Between 2011 and 2013, four groups of legal amendments named “Judicial Reform Packages” were passed. These brought about important improvements regarding fair trial, freedom of speech, personal liberty and security. The TESEV Democratization Program published a report evaluating the effect of these four judicial reform packages on rights and freedoms in September 2013. This brief report provides an evaluation of the amendment package instituted in March 2014 that included important changes vis-a-vis the specially empowered judicial system.
Topic:
Democratization, Law, Reform, Criminal Justice, and Justice
Political Geography:
Turkey and Middle East

19. TESEV’s Suggestion: Anti-Corruption Legislation and International Acquis

Author:
R. Bülent Tarhan
Publication Date:
01-2014
Content Type:
Special Report
Institution:
Turkish Economic and Social Studies Foundation (TESEV)
Abstract:
This comprehensive work has been prepared by Prime Minister’s Chief Inspector Bülent Tarhan and contains all related UN and OECD documents, government of Republic of Turkey’s fight against corruption action plans, decision and circulars of the prime ministry, national programme of Turkey related with undertaking of the EU Legal Acquis related provisions of the Turkish law, EU Progress reports, GRECO Turkey Reports, all anti-corruption laws and GNAT Corruption Investigation Commission Report as well as Mr.Tarhan’s article ‘Institutional Foundation of Anti-corruption’. Published by TEPAV (The Economic Policy Research Foundation of Turkey) this work is an extensive source of information to anyone who has been interested in this subject matter. In order to navigate easily in this 1040 page long document, you can click on the titles and sub-titles in the summary of contents. This work has only been published in Turkish.
Topic:
Corruption, Law, European Union, Courts, Accountability, Transparency, and Justice
Political Geography:
Europe, Turkey, and Middle East

20. Bibliography of Periodical Literature

Author:
Norbert Scholz
Publication Date:
04-2013
Content Type:
Journal Article
Journal:
Journal of Palestine Studies
Institution:
Institute for Palestine Studies
Abstract:
This section lists articles and reviews of books relevant to Palestine and the Arab-Israeli conflict. Entries are classified under the following headings: Reference and General; History (through 1948) and Geography; Palestinian Politics and Society; Jerusalem; Israeli Politics, Society, and Zionism; Arab and Middle Eastern Politics; International Relations; Law; Military; Economy, Society, and Education; Literature, Arts, and Culture; Book Reviews; and Reports Received.
Topic:
International Relations, Politics, and Law
Political Geography:
Middle East, Israel, and Arabia