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اجرای حقوق بشر در جهان عرب: حقوق بین الملل در وکالت قرن بیستم
Practicing Human Rights in the Arab World: International Law in 20th Century Advocacy
This dissertation explores how several Arab NGOs in Morocco, Palestine, Egypt and Kuwait practiced human rights from the late 1970s to the early 1990s. Drawing on institutional archives and interviews, it argues that these organizations provide new insights into the history of human rights both regionally and internationally. Located in a region battered by colonialism, foreign exploitation, and domestic autocracy, they are a valuable entry-point for considering the universality of rights and the extent to which Cold War politics shaped grassroots advocacy. The division between political and civil rights, and economic, cultural and social rights—so salient on the international level—was of minimal importance in shaping human rights advocacy on the ground. Instead, NGOs embraced those rights which most directly spoke to their particular political challenges and prioritized the most egregious state practices. Human rights activists found synergy between rights and nationalism, Socialism, democracy, and constitutional monarchy. Rights were not a single paradigm for how to organize political life, but part of several different visions that arose in response to the aftermath of the loss of the 1967 war with Israel. The 1970s and 1980s were period of both continuity, as advocates drew on the existing content of recent international treaties, and innovation, as they transformed the law from a text to a shared practice of resistance.
احیای عدالت بینالمللی: افشای محدودیتهای عدالت قصاص و پیشنهاد یک بعد ترمیمی
Restoring International Justice: Exposing the Limitations of Retributive Justice and Proposing a Restorative Dimension
This dissertation exposes the limitation of international retributive justice in realizing interstate reconciliation and proposes including a restorative dimension into the existing international criminal justice system. I maintain that justice within the international criminal system is conceptualized purely on a punitive notion influenced by the liberal institutionalist understanding of the state and the international system. Hence, the current retributive structure does not engage rival stakeholders, who experience interstate wars, in the process of international justice, as it is centered on upholding international law and punishing states that violate the law. To this end, the current process is not equipped to restore interstate broken relations and falls short from resolving rival narratives, as it is not established to do so in the first place.
I utilize the English School and its conception of international society that understands states’ interactions in a relational form, which allows for a restorative dimension of justice. I propose incorporating a process that is focused on restoring broken relations between rival stakeholders, which would eventually contribute to interstate relations restoration. Understanding the state as a collection of individuals illustrates the need for discursive spaces for rival stakeholders to encounter, exchange their experiences, and address rival narratives. To this end, the process of international restorative justice would contribute to the maintenance of international order, as through discourse, it would provide the “human infrastructure” of a renewed international society that is bounded by shared norms.
This research proposes a more holistic approach to international criminal justice which includes both retributive and restorative measures. This would contribute to the maintenance of international order as two critical ends would be realized: the upholding of international law and the pursuit of interstate relations restoration.