Latest Articles

The European General Court (EGC) decision on the Liberation Tigers of Tamil Eelam case cast a shadow so long that it has influenced the Court’s more recent decision to delist Hamas as a terrorist organization. This paper goes back to examine how Hamas movement was initially listed as a terrorist organization, and why this move failed to bring down the party. It then examines Hamas’ appeal to the EGC, the group’s use of soft power to wage political battle with Europe, and the nature of the Court’s decision, as well as the ongoing politicization of the Court as part of a larger move to shift how courts interact with groups like Palestine’s Islamic movement. Based on the EU’s appeal against the Court’s initial decision, the paper discusses EU options in case its motion is denied.

An increasing number of countries are turning to the International Court of Justice (ICJ) to resolve their water disputes. This is a positive development, as it allows the court to establish and improve standards for the use of waterways and help resolve conflicts related to water. The court's decisions reflect the tension between sovereignty and international law. Some decisions prioritize sovereignty and treaties, while others give more weight to moral principles and social theories. However, the court chose not to address water as a human right. This paper focuses on the ICJ''s role in developing a body of international water law and argues that the court still values sovereignty in its interpretation of laws, which often limits protections for the rights of non-state groups.

As the first study to address the very recent issue “secret evidence,” this paper relies on primary and unstudied sources. It reviews the context of recent changes in the European justice system and the impact Hamas has left in filing its petition to have the group lifted from the list of terrorist groups in late 2010. The political dimension in the new law is also considered, including how it was given a legal guise to appear consistent with the requirement of justice. The timid international legal positions and reactions to these developments, the role played by the US and Britain, as well as the mimicry of Israel with regard to the secret evidence law are also discussed. The study concludes by tackling the implications of the new law, and the possibility of Hamas succeeding or failing to have itself removed from the terror list.

Rights to equality and non-discrimination in international law form the core of this paper. It begins with a preliminary study of the legal codes including the historical development of these principals in international and regional legal human rights instruments. It looks at the question of segregation, exclusion, derogation, and preference as elements that make up discrimination. It relates this to the standards of differentiation between legitimate discrimination and unlawful or prohibited discrimination. It goes on to present international standards that identify the meaning of equality and non-discrimination, and investigates the basis of prohibited discrimination in particular among the groups that are subject to it. Applying this context to Arab countries, the paper examines the need for a modern law on equality and non-discrimination that could be better enforced than current legal frameworks.​

International protection for internally displaced persons, who far exceed the number of refugees, has become a major issue in recent years. This is reflected in the international community's search for solutions, by providing them with internal humanitarian assistance so that they do not have to seek help beyond the borders of their states, affirming their right to remain in their country in security and dignity and not to become refugees. However, reality has shown that the international community's attention to the protection of internally displaced persons is not so much a humanitarian consideration as it is an inevitable consequence of state reservations to welcome refugees on their territory. European states in particular have attached urgency to protecting internally displaced persons arbitrarily to justify the closure of their borders to refugees.

Consociationalism is a system of government recommended for ‘divided societies’. Starting with a discussion of its theoretical components and criticisms it has received, this article addresses how consociationalism has been implemented in in post - 2003 Iraq. The article asks whether the Iraqi constitution and institutions formed by it represented a successful case of consociationalism. Key consociational mechanisms such as an electoral system based on proportional representation, governments based on big multi - party coalitions and a federal and decentralized governance were adopted. However, this model was not entirely consociational as some practices that are common in the majoritarian government have also been used. In fact, divisions between majoritarian and consociational perspectives have polarized, and sometimes paralyzed, the political process. In light of this, the article discusses the sustainability of the current model and its likely future trajectories.

International alliances, cooperation, and coordination are no longer limited to state bodies or international organizations; criminal and terrorist groups working in organized crime have also formed international networks in order to develop activities, implement plans, and achieve objectives. Despite the differences in structure and purpose between terrorist networks and criminal groups, converging interests have led to cooperation and mutual coordination. This increases the strength of both and makes it hard for authorities to control and define them. North Africa is a living example of these alliances, particularly around drug trafficking given the geographic characteristics of the region that spans Asia, Africa, and Europe. This means North Africa is a key route for drugs smuggled from around the world to Europe in particular. It is also a strategic region for terrorist groups, al-Qaeda in the Islamic Maghreb in particular. With drug networks in need of protection to secure safe passage of goods, and terrorist groups’ need for sufficient funds to finance and implement plans; the region has witnessed a dangerous alliance between the two parties. This alliance has created a major challenge for countries in the region, which have been forced to confront a double threat. This treat necessitates the development of new strategies.

This study attempts to understand the concepts of democratic consolidation and of dictatorship, and explains which is closer to coming about in the Turkish state after the experience of the past sixty years. Despite the reforms undertaken by the AKP since it came to power in 2002 that aimed to curtail the constitutional and legal pretexts allowing the military to intervene in political life, there have been notable changes in the Turkish scene, especially in 2013 and 2014. It has been implied that Turkey is on course to consolidate dictatorship, and this makes the third and final phase of democratization in Turkey subject to very different assessments. On this basis, the study attempts to answer a key question: where is Turkey heading, towards democratic consolidation or towards dictatorship?

This paper analyzes the impact of the results of the legislative elections on the political process in Tunisia during the period from 2011 to 2021. It discusses the negative impact of the electoral system on the results of the legislative elections in general, and on the political process as a whole in particular. Due to the difficulty of the political parties that won first place in the legislative elections to obtain the required majority that enables them to bear responsibility for the political process alone during the parliamentary period. This created a state of parliamentary fragmentation that affected the Assembly of the Representatives of the People in three electoral cycles in 2011 , 2014 , and 2019 which led to the disruption of the legislative and electoral role of the Assembly, and the multiplicity and instability of governments. This paper also discusses proposals to amend the Tunisian Election and Referendum Law, which include a proposal to adopt an electoral threshold, and the impact of applying the electoral threshold on the representation of political parties in the Tunisian Assembly of People's Representatives, and on the political process.

This report highlights some of the major milestones of the Arab democratic transition. The countries covered include Tunisia, Egypt, Libya and Yemen.