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100s of Free Human Rights Law Dissertation Topics and Titles

Published by Grace Graffin at January 6th, 2023 , Revised On May 17, 2024

Introduction

Writing a dissertation is a long process that requires good research skills and decent expertise in the field. Depending on the researcher’s university’s academic requirements, some different prerequisites and requirements should be fulfilled before writing the dissertation (thesis).

For instance, the supervisor may ask the researcher to provide a dissertation proposal with topics based on current legal trends. Once the dissertation topic is approved, the researcher will have to provide the supervisor with the research aim and problem statement alongside a good methodology .

Human Rights Law Dissertation Topics

Topic 1: how the social rights of immigrants are protected under international human rights law: a primary investigation in the uk.

Research Aim: The research will aim to investigate the protection of the social rights of immigrants given in international law in the UK. Many human rights contracts clearly forbid discrimination centred on state origin and want states to guarantee that immigrants’ human rights are treated equally. Moreover, immigrants, like other particularly vulnerable groups, have been granted additional safeguards under international law to address situations in which their rights are most in danger, such as employment. The research will focus on the immigrants and their social rights in the UK.

Topic 2: The role of social media apps in spreading awareness among youth about human right

Research Aim: The research will aim to explore the part social media plays in spreading awareness of human rights among the young. In today’s world, people use social media more than reading newspapers, and social media has also helped many people get justice. Young or old, every age group is active on social platforms such as Facebook, Instagram, TikTok, etc., and these apps have brought a new way to learn things. So, this study will specifically focus on social media apps and how they are contributing in spreading awareness about human rights among people.

Topic 3: What obstacles do international human rights policies encounter in terms of implementation? An academic review

Research Aim: The research will aim to investigate the challenges and problems international human rights face during implementation.  There are many factors that make it difficult to implement the policies in a country or an organisation. There should be solutions to the problems and challenges in the implementation of international human rights. This study will explore and explain the challenges and try to give solutions to tackle the challenges.

Topic 4: How are the rights of men being violated in the society? A human right perspective

Research Aim: The research aims to find the reason men’s rights are violated in society. Men’s rights are violated in society more often now. Men also get raped, beaten, killed without anyone questioning the abuser. Even after getting hit by a woman, people blame the man. Violence against males is a severe violation of human rights. The government’s role is to guard males from abuse, including domestic violence.

Topic 5: Define the rights to ethics, religion and life in the context of human rights law in US

Research Aim: The research will aim to define the basic human rights to culture, religion and life in the human rights law in the US. The research will explain the fundamental rights given to human beings, freedom of speech, and a thorough explanation of the human rights law article. The study will also describe the acts that violate fundamental human rights.

Topic 6: Investigating the impact of nationalist movements and ideologies on the rights of religious and ethnic minorities in India

Research Aim: The study investigates how nationalist movements and ideologies impact the rights of religious and ethnic minorities in India. It will also assess the role of governments in promoting or suppressing minority rights in such contexts.

Topic 7: Examining the rights and legal status of stateless persons who are forced to flee their countries of origin

Research Aim: The study aims to examine the rights and legal status of stateless persons who are forced to flee their countries of origin. This research will focus on the challenges they face in accessing protection and assistance in the absence of citizenship.

Topic 8: Investigating the tension between national security concerns and the protection of refugee rights

This research explores the tension between national security concerns and the protection of refugee rights. It discusses the context of border control policies, immigration detention, and anti-terrorism measures.

COVID-19 Human Rights Law Research Topics

Impacts of coronavirus on human rights.

Research Aim: This study will highlight the impacts of Coronavirus on human rights.

International human rights law and COVID-19

Research Aim: This study will address the current pandemic crisis and international human rights law status in response to COVID-19.

United Nations on human rights during COVID-19

Research Aim: This study will review the United Nations’ response to human rights for protecting human health and rights during COVID-19.

The role of National Human Rights Institutions during COVId-19

Research Aim: This study will highlight the role of National Human Rights Institutions during COVID-19.

Dissertation Topics in Human Rights Law and Society

Human Rights is an important area of the law inherent to all human beings, regardless of their race, sex, nationality, ethnicity, language, religion, and other status forms. Human Rights can be seen as the most significant law area that has taken place since the end of the Second World War.

According to Rehman, even though the world has evolved over the years, human rights continue to be constrained and limited. Research in this particular area of the law is important to know its weaknesses and limitations in the 21st century.

This document contains a wide range of dissertation topics based on the area of Human Rights or Fundamental Rights. These topics provided by our PhD-qualified writers are based on the current legal trends, which tend to assess different topics related to Human Rights in the 21st Century.

Most of the themes provided have never been researched before, and a desk-based or comparative analysis approach is used to provide a meaningful contribution to human rights.

Some topics are aimed at the thesis, which should implement an international aspect of Human Rights. On the other hand, the other topics are focused on specific jurisdictions such as the United Kingdom or the European Union.

You can also start your dissertation by requesting a brief research proposal from our writers on any of these topics, including an introduction to the topic, research question , aim and objectives, literature review , and the proposed research methodology to be conducted. Let us know if you need any help in getting started.

Check our dissertation example to get an idea of how to structure your dissertation .

Review the step-by-step guide on how to write your own dissertation here .

Topic 1: An assessment of life imprisonment under the European Convention on Human Rights.

Research Aim: The research will be based on fundamental rights, more specifically on the European Convention on Human Rights. The research will use a desk-based approach to assess Article 3 of the ECHR, which prohibits inhuman or degrading treatment and punishment. The research critically assesses how the EU Member States deal with life imprisonment based on their domestic legislation.

Topic 2: Should prisoners be allowed to exercise their right to vote in a democratic society?

Research Aim: Disfranchisement is known as the revocation of the fundamental right to vote in a democratic society. The research will assess if there is a need to make the right to vote a basic fundamental right that can be exercised by prisoners. The research will use be a comparative assessment based on different jurisdictions.

Topic 3: The European Court Of Human Rights and its effectiveness amongst the EU member states

Research Aim: The research will assess the role of the European Court of Human Rights (ECtHR) in safeguarding the rights of EU Citizens. The research will evaluate the EU Supremacy and its authority over the EU Member States regarding human rights. In this line, the research will demonstrate how The ECtHR should balance the EU Law’s fundamental rights and the Member State’s Constitution on fundamental rights.

Topic 4: The link between human rights and same-sex marriage

Research Aim: The Universal Declaration on Human Rights recognises same-sex marriage as a basic right to marriage. However, it can be seen that most countries do not recognise this right. The research will assess different jurisdictions where same-sex marriage is considered legal to enforce this right amongst the signatory countries.

Topic 5: Assessment of human rights in the workplace

Research Aim: Basic Human Rights, such as protection from slavery or inhuman treatment, are available under the Universal Declaration on Human Rights. However, the research will assess human rights’ employment, such as fair treatment, equal pay, and minimum wage. The research will use a comparative analysis to evaluate how different jurisdictions view human rights regarding employment.

Topic 6: The right to life and death penalty in the 21st century

Research Aim: The fundamental right to life is enshrined under the Universal Declaration of Human Rights. On the other hand, the death penalty seems to be against the right to life and the protection of life preservation. The research will assess how to strike a balance between the right to life and capital punishment.

Topic 7: Should the death penalty be reinstated in the United Kingdom post-Brexit?

Research Aim: The 13th Protocol of the European Convention on Human Rights has prohibited the restoration of the United Kingdom’s death penalty since 2004. The research will assess if the United Kingdom should reinstate the death penalty after Brexit. Since the United Kingdom will leave the European Union, it will no longer be a party to the convention and will be able to reinstate the death penalty.

Topic 8: Social media and the right to hold an opinion

Research Aim: The research will assess if the current Freedom of Speech and the Right to hold an opinion is adequate to be used online. The research will demonstrate a need to reform the Universal Declaration on Human Rights for online use.

Topic 9: Should Article 14 of the Human Rights Act 1998 be amended to implement more protected characteristics?

Research Aim: Article 14 of the Human Rights 1998 has a minimal number of protected characteristics. Following Brexit, the United Kingdom nationals may lose the protection of the European Convention on Human Rights. In this line, the research will assess whether there is a need to review Article 14 of the Human Rights Act 1998.

Topic 10: Should Human Rights be ignored when taking counter-terrorism measures?

Research Aim: The research will assess if Human Rights should be overlooked when dealing with counter-terrorism measures. The research will aim to demonstrate if there is a need to protect a presumed or prospective terrorist’s basic human rights.

Topic 11: The EU Supremacy and the Constitutional Rights of the Member States

Research Aim: The EU Supremacy imposes authority and control over the EU Member States. In this line, a Member State should remove all conflicting laws that are incompatible with the EU Law. The research will assess the extent to which Member States have accepted the authority of the EU supremacy regarding human rights. In other words, the research will demonstrate if the European Convention on Human Rights has adequate fundamental rights for the Member States.

Topic 12: The importance of Human Rights in a democratic society

Research Aim: The research will assess the importance of human rights, which is a pivotal requirement for democracy. The research will use a comparative analysis of how fundamental rights have been adopted around the world. Furthermore, the research will assess how certain countries that do not follow the Universal Declaration on Human Rights may suffer from the lack of democratisation.

Topic 13: The role of courts in safeguarding fundamental rights in their domestic jurisdiction

Research Aim: The research will demonstrate the courts’ key role in safeguarding the fundamental rights enshrined in a country’s Constitution.

Topic 14: Does the General Data Protection Regulation Act as a Safeguard to the Basic Right To Privacy?

Research Aim: The research will assess the General Data Protection Regulation (GDPR) and its safeguards regarding the right to privacy. The research demonstrates how the GDPR can have an important human rights aspect, such as when dealing with a consumer or an online user.

Topic 15: Should Countries Implement A Constitutional Court for Fundamental Rights Breaches?

Research Aim: The research will assess how each country deals with breaches of fundamental rights. The research aims to provide recommendations in implementing a higher domestic authority to treat only constitutional matters like the Constitutional Court of South Africa.

Topic 16: Can Torture Be Justified Under Human Rights?

Research Aim: Article 5 of the Universal Declaration of Human Rights provides that no individual shall be subjected to torture. The research will assess whether torture can ever be justified under the law. For instance, the research will aim to demonstrate whether there are justifiable grounds to inflict torture on criminals in certain cases such as terrorism with the view of getting confessions.

Topic 17: CCTV Surveillance and the Right to Privacy

Research Aim: The Research will assess the use of CCTV surveillance and its effect on Article 8 of the European Convention on Human Rights. The research will demonstrate if covert surveillance can either undermine or positively affect the right to privacy. The research will further critically analyse the right to privacy against public policy for the common good.

Topic 18: The Need to Standardise Disability Rights around the World

Research Aim: The Research compares and contrasts different disability rights under certain jurisdictions. The research will assess whether there is a need to standardise disability rights under one convention or treaty.

Topic 19: Should the Right to Education Be Extended to Tertiary Education

Research Aim: The research will access the right to education as found under Article 26 of the Universal Declaration on Human Rights. The right to education applies to only fundamental stages of education, such as primary and secondary education. The research will aim to demonstrate if the right to education should be extended to tertiary education.

Topic 20: The Role of Legislators and the Right to Education in the Sub-Saharan Region

Research Aim: The research will assess legislators’ role with regard to the right to education. The research will demonstrate whether Sustainable Development Goal No. 4 (SDG4) is implemented in various sub-Saharan regions. The research will prove whether legislators are implementing appropriate safeguards to remain in line with SDG4 and promote quality education.

How Can ResearchProspect Help?

ResearchProspect writers can send several custom topic ideas to your email address. Once you have chosen a topic that suits your needs and interests, you can order for our dissertation outline service , which will include a brief introduction to the topic, research questions , literature review , methodology , expected results , and conclusion . The dissertation outline will enable you to review the quality of our work before placing the order for our full dissertation writing service !

List of the Best Human Rights Law Dissertation Topics in Critical Issues

• An analysis of the link between human trafficking and armed conflict: trafficking for sexual exploitation and forced recruitment of child soldiers.
• The impact of technology on the protection of human rights in the digital age.
• Exploring the role of international criminal law in prosecuting human rights violations.
• The effectiveness of regional human rights mechanisms in addressing human rights abuses.
• Analysing the relationship between environmental law and human rights protection.
• Investigating the challenges and opportunities of implementing economic, social, and cultural rights.
• Examining the intersection of gender equality and human rights law.
• Assessing the role of non-governmental organizations (NGOs) in advancing human rights agendas.
• The implications of counter-terrorism measures on human rights and civil liberties.

Important Notes:

As a human rights law student looking to get good grades, it is essential to develop new ideas and experiment with existing human rights law theories – i.e., to add value and interest to your research topic.

The field of human rights law is vast and interrelated to so many other academic disciplines like law , business law , cybercrime , and more. That is why it is imperative to create a human rights law dissertation topic that is particular and sound and actually solves a practical problem that may be rampant in the field.

We can’t stress how important it is to develop a logical research topic based on your entire research. There are several significant downfalls to getting your topic wrong: your supervisor may not be interested in working on it, the topic has no academic creditability, the research may not make logical sense, and there is a possibility that the study is not viable.

This impacts your time and efforts in writing your dissertation , as you may end up in a cycle of rejection at the initial stage of the dissertation. That is why we recommend reviewing existing research to develop a topic, taking advice from your supervisor, and even asking for help in this particular stage of your dissertation.

While developing a research topic, keeping our advice in mind will allow you to pick one of the best human rights law dissertation topics that fulfil your requirement of writing a research paper and add to the body of knowledge.

Therefore, it is recommended that when finalising your dissertation topic, you read recently published literature to identify gaps in the research that you may help fill.

Remember- dissertation topics need to be unique, solve an identified problem, be logical, and be practically implemented. Please look at some of our sample human rights law dissertation topics to get an idea for your own dissertation.

How to Structure Your Human Rights Law Dissertation

A well-structured dissertation can help students to achieve a high overall academic grade.

• A Title Page
• Acknowledgements
• Declaration
• Abstract: A summary of the research completed
• Table of Contents
• Introduction : This chapter includes the project rationale, research background, key research aims and objectives, and the research problems. An outline of the structure of a dissertation can also be added to this chapter.
• Literature Review : This chapter presents relevant theories and frameworks by analysing published and unpublished literature on the chosen research topic to address research questions . The purpose is to highlight and discuss the selected research area’s relative weaknesses and strengths whilst identifying any research gaps. Break down the topic and key terms that can positively impact your dissertation and your tutor.
• Methodology : The data collection and analysis methods and techniques employed by the researcher are presented in the Methodology chapter, which usually includes research desig n, research philosophy, research limitations, code of conduct, ethical consideration, data collection methods, and data analysis strategy .
• Findings and Analysis : The findings of the research are analysed in detail under the Findings and Analysis chapter. All key findings/results are outlined in this chapter without interpreting the data or drawing any conclusions. It can be useful to include graphs, charts, and tables in this chapter to identify meaningful trends and relationships.
• Discussion and Conclusion : The researcher presents his interpretation of the results in this chapter and states whether the research hypothesis has been verified or not. An essential aspect of this section of the paper is to link the results and evidence from the literature. Recommendations with regard to the implications of the findings and directions for the future may also be provided. Finally, a summary of the overall research, along with final judgments, opinions, and comments, must be included in the form of suggestions for improvement.
• References : This should be completed following your University’s requirements
• Bibliography
• Appendices : Any additional information, diagrams, and graphs used to complete the dissertation but not part of the dissertation should be included in the Appendices chapter. Essentially, the purpose is to expand the information/data.

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How to find human rights law dissertation topics.

To find Human Rights Law dissertation topics:

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• Select a topic resonating with your passion and research objectives.

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Electronic Theses & Dissertations completed at UJ can be searched by clicking on the arrow next to "Browse" and then selecting "Communities & Collections".  Theses/Dissertations can also be browsed by Title, Creator (Author), Subject and Contributor (Supervisor).

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LL.M thesis topics

On this page you can find an overview of all our LL.M thesis topics or Master theses in English.

Do you want to write your LL.M thesis on a human rights topic? Choose one of these topics and contact the relevant supervisor. Do you want to write a Master thesis in English? First consult the Plato list.

All subjects in the domain of human rights or transitional justice in which the student applies a socio-legal perspective ann integrates a substantial empirical component (qualitative and/or quantitative) to examine the law “in practice”.

Across Europe and around the world, issues of memory and old monuments are being revisited. The shift of historical narratives resulted in the loss of social consensus about the past and interpretation of history. Since monuments are among the most visible expressions of history they have appeared in the middle of contestation and heated debates. […]

This research deals with the impact of prosecution of “minor offences” on people living in poverty in Europe. Through case studies (criminalization of beggars, SyRI case in the Netherlands etc. ), it explores whether minor offences – which are usually punished by outstanding fines with minimum procedural rights – are compatible with the ECHR (more […]

The sovereign debt crisis could have a direct impact on human rights, especially when they are framed within a programme of austerity, and tension between the ‘market justice’ and ‘social justice’ occurs. The aim of the thesis is to study the different human rights legal discourses surrounding the latest cases of sovereign debt restructurings.

Lately, the ‘Facebook Oversight Board’ and other private mechanisms of human rights accountability have been established. The Oversight Board of Facebook was created to review the lawfulness of certain ‘emblematic’ content moderation decisions taken by the social media platform. The Board comprises 20 representatives of civil society, including academics, human rights experts, and journalists. It […]

Regional human rights courts can organize so-called fact-finding missions when confronted with human rights violations. Both the Inter-American and African Court of Human Rights may, if necessary, organize such missions when confronted with cases involving gross and/or large-scale violations of human rights, while the European Court of Human Rights seems to have become rather  reticent […]

Human rights defenders around the world are being killed, especially in Latin-American countries. How is the Inter-American human rights system responding to this cruel reality?

During the past years worldwide human rights defenders are being targeted for doing their job. Such attacks may be of a physical, but also of a psychological nature, and they may target the human rights defenders themselves and/or their families. This study aims to evaluatie what kinds of legal mechanisms exist under international law, i.e. […]

Particular focus on Myanmar/Sri Lanka or Cambodia. Language requirement ENG.

Focus on the Mediterranean or boat pushbacks in Southeast Asia. Language requirement Eng.

Study of the marginalisation of certain regions in the TJ process, looking into the importance of socio-economic rights in ICL. Language requirement ENG.

In 2010 Marie-Benedicte Dembour published an article entitled ‘What are Human Rights? Four Schools of Thought’ in Human Rights Quarterly. Her model posits that we do not all conceive of human rights in the same way, but that there are four main conceptions of human rights. She proposes that those who hold a ‘natural’ view […]

The summer of 2015 saw Europe hit by a refugee crisis – or some commentators say – more accurately a crisis in refugee protection. Marie-Benedicte Dembour asserts in an article forthcoming in Questions of International Law that, due to the relative weakness of its past jurisprudence concerning migrants’ rights, the European Court of Human Rights […]

Judges have to act in an impartial manner while deciding cases. The research will examine the breadth of the right to freedom of expression of judges from a cross-cutting international and regional human rights perspective, with possibly a case study.

Suggested by and with cosupervision from PICUM, the Platform for International Cooperation on Undocumented Migrants. How does the package, comprised of the Council’s Facilitation Directive and the Framework Decision, impact undocumented children and families’ ability to secure adequate housing? This research would (i) look at the EU and national legal framework criminalising landlords renting to […]

For many centuries, citizenship has been regarded as the highest degree of affiliation between an individual and a ‘self-governing’ political community’. However, in the last years, the development of programs around the globe are seeking to attract flows of foreign capital by different incentives, including granting legal membership with society in exchange for diverse types […]

During the past decades social rights have become more prominently part of legal studies. However, most studies deal with substantial violations of social rights. This study takes a procedural turn by looking at the instrument of interim measures awarded by international monitoring bodies, thereby focussing on the different UN Treaty Bodies and regional human rights […]

In present-day society indigenous peoples are one of the most vulnerable groups. This study assesses to what extent such groups can rely on interim measures before international human rights monitoring bodies, both at the UN and regional level and to what extent such measures effectively protect their rights.

Worldwide, but especially in the America’s, women human rights defenders are being targeted. Such attacks may be of a physical, but also of a psychological nature, and they may target the human rights defenders themselves and/or their families. This study aims to evaluatie what legal mechanisms are available in the ambit of the Inter-American Human […]

Could be further narrowed down to a particular focus on the UN, European or Inter-American standards of protection. Language requirement ENG & Spanish.

‘Universal jurisdiction’ is a principle of international law based on the recognition that certain crimes are so horrific that they affect the international community as a whole. Universal jurisdiction is therefore a key component in the fight against impunity. This thesis will analyze specific recent cases (for example, concerning Syria) where the principle of universal […]

Study of development of strategic litigation, the possibilities and limitations of using this approach. Language requirement ENG & Spanish.

Case study of the Tunisian court establised to adjudicate cases related to gross violations of human rights. Language requirement ENG.

This thesis will explore the interaction of the United States with the Inter-American System. In particular, it will analyse the Inter-American approach regarding migrants who are minors.

The research should focus on a legal analysis of Strasburg case law on history, when the Court was asked to rule on the so-called ‘historical situations’ (to bring justice to those accused of war crimes, to protect the rights of mass atrocities victims and their relatives, to deal with Holocaust and genocide deniers, to punish […]

Needless to say, having evidence being declared inadmissible can be devastating to a case. Two cases which ended up before the European Court of Human Rights due to the inadmissibility being contested are Cwik v Poland and R.B. v Estoni. In Cwik, the ECtHR agreed that the tape of the interrogation by a gang of […]

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Out of place and out of time: older prisoners in chile , mind the gap: an empirical study of terrorism offences, law-making, and discretion , challenges and limitations of granting legal personality to distributed/decentralized autonomous organizations , development of international shipping standards under the auspices of the imo and their implementation in practice: a case study of thailand , adequacy of the ex post armed attack framework of the jus ad bellum in relation to the evolving means and methods of warfare , governing disputed maritime areas , what we say when we criminalise: a metanormative inquiry , testamentary law in england, c. 1450-1540 , sovereign immunity from execution of foreign arbitral awards in the 21st century , conceptualizations of addiction in harm reduction strategies for effective and ethical uk drug policy , liminality and the lived experience of law in medicine: the legal consciousness of physicians in encounters with people living as undocumented migrants , contested citizenship and statelessness in question: an anlysis of cases of overseas taiwanese people and tibetan exiles in taiwan , eternity and the constitution: the promise and limits of eternity clauses , hate speech in the british press: a theoretical and practical assessment of the case for broader regulation , liberty versus security under illiberal constitutionalism: the legality of criminalising humanitarian assistance in hungary and greece , operationalising ‘publicness’ in data-intensive health research regulation: an examination of the public interest as a regulatory device , worldmaking powers of law and performance: queer politics beyond/against neoliberal legalism , development of law of the sea by unclos dispute settlement procedures: towards a coherent jurisprudence , evaluating the european union's response to online misinformation and disinformation: how to address harm while maximising freedom of expression , reconciling reverse burdens of proof with the presumption of innocence: a new approach .

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Theses and Dissertations

Theses and dissertations are a key source for finding the latest scholarship, additional material such as data sets, and detailed research. They can also help you find out what has been written on a topic, uncover other sources through citations, and get inspiration for your own research project. Use the resources below to search for PhD theses from universities in the UK and abroad. If you're a PhD student yourself, you can use the resources to make sure that your topic hasn't already been written about by other doctoral students.   

Essex Theses

The Library received all Ph.D. and M.Phil. theses and M.Sc. (Regulation 3.5.) theses up to 30 September 2016. Theses submitted after this date are kept in the University of Essex Research Repository . We do not normally hold dissertations and theses connected with other degrees - the exception being LL.Ms. All of our physical (print) theses are kept in Store and can only be consulted in the library - you'll need to use the online store request form or fill in a form at the library helpdesk to request them.

If you are looking for a specific thesis you can use Library Search to search for the author or title. If you want to find an Essex thesis on a particular topic/subject area, you can either add the word "thesis" to your keyword search, or limit your results to the "Essex theses" or "University of Essex Research Repository" collections.

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Dissertations / Theses on the topic 'International Humanitarian Law'

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Rana, Naomi. "Humanitarian intervention and the use of force." Thesis, Hong Kong : University of Hong Kong, 1996. http://sunzi.lib.hku.hk/hkuto/record.jsp?B17546205.

Loos, Clemens. "The convergence and divergence of International Humanitarian Law and International Human Rights Law." Thesis, University of the Western Cape, 2005. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_6236_1182745813.

In this minithesis, I demonstrate that International Humanitarian Law and International Human Rights Law are two distinct but related fields of law. First, the examination deals with the instance that the aim of both branches of law, the protection of human rights, is common, but the approach to reach this aim is different. In this regard, I show numerous points of divergence of both branches of law which have their origin in the fundamentally different historical developments of International Humanitarian Law and International Human Rights Law. I give the main attention to the application of both sets of law, whereby the contractions and legal gaps of the protection of human rights become apparent. The proposals dealing with the solution of these issues are discussed. I argue that a new legal instrument for a comprehensive and compatible protection of human rights is necessary, especially in times of internal strife. Regarding the question as to whether International Humanitarian Law or International Human Rights Law should apply if both branches are applicable, I take the view to apply the roman principle of law lex specialis derogat legi generali in such a way that the more specific rule whenever they have a specific justification for dealing with specific problems is applicable. Both branches of law do not merge to one, but they converge to a harmonious relationship, where they complement each other and provide the highest protection of human rights.

Beneke, Méchelle. "The validity of humanitarian intervention under international law." Thesis, University of Port Elizabeth, 2003. http://hdl.handle.net/10948/305.

Aksar, Yusuf. "The 'ad hoc' tribunals and international humanitarian law." Thesis, University of Bristol, 2000. http://hdl.handle.net/1983/405a48d5-52b6-4cea-894e-30c7a402faed.

Godoy, Wilson Magdalena Sofia. "Sexual violence in armed conflict under international law: The interplay between international humanitarian law human rights law and international criminal law." Diss., University of Pretoria, 2016. http://hdl.handle.net/2263/56998.

Thomas, Kathryn Michelle. "United Nations forcible humanitarian intervention, international law and politics /." Title page, contents and abtract only, 1998. http://web4.library.adelaide.edu.au/theses/09AR/09art4584.pdf.

Cho, Sihyun. "Applicability of international humanitarian law to internal armed conflicts." Thesis, University of Cambridge, 1996. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.245162.

Provost, Rene. "International human rights and humanitarian law : fusion or confusion?" Thesis, University of Oxford, 1998. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.285439.

Kazemi, Abadi Alireza. "Reaffirmation and development of customary international humanitarian law by international criminal tribunals." Thesis, King's College London (University of London), 2017. https://kclpure.kcl.ac.uk/portal/en/theses/reaffirmation-and-development-of-customary-international-humanitarian-law-by-international-criminal-tribunals(df866a57-9959-4706-888e-737e75e68d2b).html.

Sonczyk, Barbara. "The anatomy of the war crime of attacking peacekeepers under international humanitarian law and international criminal law." Thesis, University of Westminster, 2014. https://westminsterresearch.westminster.ac.uk/item/964w0/the-anatomy-of-the-war-crimeof-attacking-peacekeepersunder-internationalhumanitarian-law-andinternational-criminal-law.

Ewing, Michelle. "Justifying humanitarian intervention." Thesis, McGill University, 1993. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=26196.

Svensén, Fanny Martika. "Humanitarian visas and extraterritorial non-refoulement obligations at embassies." Thesis, Stockholms universitet, Juridiska institutionen, 2016. http://urn.kb.se/resolve?urn=urn:nbn:se:su:diva-137186.

Chesterman, Simon. "Just war or just peace? : humanitarian intervention and international law." Thesis, University of Oxford, 2000. https://ora.ox.ac.uk/objects/uuid:a2f9085b-4ca9-4244-bff0-837ea5d4d74b.

Al-Suwaidi, Saif Ghanim Saif Obaid. "Humanitarian intervention under the UN Charter and contemporary international law." Thesis, Aberystwyth University, 2004. https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.675679.

Vasiliauskienė, Violeta. "The fight against terrorism in the context of international humanitarian law." Doctoral thesis, Lithuanian Academic Libraries Network (LABT), 2014. http://vddb.library.lt/obj/LT-eLABa-0001:E.02~2014~D_20140303_135329-20805.

Lin, James Chun. "Humanitarianism and military force : humanitarian intervention and international society." Thesis, University of Oxford, 1995. http://ora.ox.ac.uk/objects/uuid:3ce0813e-b33d-4d02-8049-7851859cc801.

Chaulia, Sreeram. "Civilian protection and humanitarian organisations rationality or culture? /." Related electronic resource: Current Research at SU : database of SU dissertations, recent titles available full text, 2009. http://wwwlib.umi.com/cr/syr/main.

Milkeraitytė, Kristina. "Private Military and Security Companies and Their Personnel in the Context of International Humanitarian Law." Master's thesis, Lithuanian Academic Libraries Network (LABT), 2009. http://vddb.library.lt/obj/LT-eLABa-0001:E.02~2009~D_20090629_101808-18164.

Kazinec, Darius. "Issues of cyber warfare in international law." Master's thesis, Lithuanian Academic Libraries Network (LABT), 2011. http://vddb.laba.lt/obj/LT-eLABa-0001:E.02~2011~D_20110705_132153-12860.

Crawford, Emily Jessica Teresa Law Faculty of Law UNSW. "Unequal before the law: Questioning the distinction between types of armed conflict in international law." Publisher:University of New South Wales. Law, 2008. http://handle.unsw.edu.au/1959.4/41260.

Samara, Angeliki. "The responsibility to protect and the notion of irresponsibility in international law." Thesis, University of Sussex, 2018. http://sro.sussex.ac.uk/id/eprint/80439/.

Da, Rosa William Torres Laureano. "The dialectic of emancipation and repression in international human rights law." Thesis, University of Sussex, 2016. http://sro.sussex.ac.uk/id/eprint/64069/.

Nelson, Eisha Amanda. "Changes and solutions to improve humanitarian aid." Thesis, Webster University, 2015. http://pqdtopen.proquest.com/#viewpdf?dispub=1526651.

The 1990s saw a rise in the participation of NGOs answering the demands of affected populations caught in between armed conflicts, bouts of natural disasters and diseases. Though their intentions were good, it was from this point onwards NGOs have gained their notoriety, despite the work they do to address the needs of man. With a consistent rise of the number of actively participating NGOs, these humanitarian actors have since gone under scrutiny by the general population, which range from ineffective operations, scandals surrounding aid money, ethics within humanitarianism as well as many aid organizations that still remain independent from each other.

This paper will seek to answer how to improve the role of humanitarian aid in emergency situations, and address its issues and shortcomings. This will be done by analyzing the different criticisms faced by these humanitarian actors, as well as analyzing the different solutions that have since been proposed in order to answer these criticisms and find a new way for these organizations to operate and define themselves. Finally, these analyses will be evaluated and compared among one another.

Interviews have been held with aid workers and members of humanitarian organizations, in order to get a more intimate perspective of the inside workings of an NGO. Recent literature, studies and findings have also been utilized in order to get a clearer picture of the current state of humanitarian aid, notably from writers such as Thomas Weiss, Hugo Slim, David Rieff and Linda Polman.

Humanitarian aid cannot be cured with a simple solution; instead, it is an ongoing, gradual process that requires cooperation from governments and organizations in order to move forward. The non-protit sector can stand to learn a lot from the for-profit sector, especially in terms of professionalism and collaborating amongst one another. This change will not come easily, but humanitarian aid also cannot remain stagnant if they hope to reach out to populations in need with quality aid.

Klingsbo, Dina. "Palestinians’ Right to Property in the Occupied Territory Under International Humanitarian Law." Thesis, Örebro universitet, Institutionen för juridik, psykologi och socialt arbete, 2019. http://urn.kb.se/resolve?urn=urn:nbn:se:oru:diva-76596.

Östberg, Jenny. "Prisoner of War or Unlawful Combatant : An Evolution of International Humanitarian Law." Thesis, Linköping University, Department of Management and Economics, 2006. http://urn.kb.se/resolve?urn=urn:nbn:se:liu:diva-5603.

The construction of International Humanitarian Law and the norms regarding protection of prisoners of war have evolved as a reaction to the horrors of war. After September 11 and the following war on terrorism the notion of POWs has been widely debated. The USA holds prisoners at the navy base at Guantánamo Bay, Cuba without granting them status as POWs; this thesis is placing the treatment of these detainees within a historical context. The norm concerning rights of POWs is today both internationalized and institutionalized, but that has not always been the case. This thesis illuminates how the norms have evolved during World War I, World War II and Vietnam War; finally the war against terrorism and the treatment of the prisoners at Guantánamo Bay is analyzed. The intention of the thesis is to use a historical overview of the evolution of IHL, and the rights of POWs in particular, to formulate a wider assumption about the implication of IHL in the war against terrorism and the future.

The thesis adopts a theory which combines constructivism and John Rawls´ theory of justice and uses constructivist ideas about the nature of the international system applied to Rawls´ notion of justice. The constructivist theory and ontology are the basis of the theoretical framework of this thesis and Rawls´ definition of justice as the base of social institutions are viewed from a constructivist perspective. IHL and the norms regarding protection of POWs are thus considered as social facts, constructed and upheld through social interaction between states.

Dinniss, Heather Harrison. "The status and use of computer network attacks in international humanitarian law." Thesis, London School of Economics and Political Science (University of London), 2008. http://etheses.lse.ac.uk/2527/.

Hardie, Kathleen. "Humanitarian Intervention, Human Rights and the use of force in International Law." Thesis, Hardie, Kathleen (2009) Humanitarian Intervention, Human Rights and the use of force in International Law. Masters by Research thesis, Murdoch University, 2009. https://researchrepository.murdoch.edu.au/id/eprint/2446/.

Olulowo, Kunle Adebamiji. "Unmanned Aerial Vehicles in Counterterrorism Efforts and Implications for International Humanitarian Law." ScholarWorks, 2018. https://scholarworks.waldenu.edu/dissertations/5766.

Macak, Jakub (Kubo). "Internationalized armed conflicts in international law." Thesis, University of Oxford, 2014. http://ora.ox.ac.uk/objects/uuid:793d605d-dea3-403c-95df-c88bfe0cf19f.

Giesen, Stefan. "Roberta Arnold/Noëlle Quénivet (Hrsg.), International humanitarian law and human rights law : towards a new merger in international law / [rezensiert von] Stefan Giesen." Universität Potsdam, 2009. http://opus.kobv.de/ubp/volltexte/2009/3573/.

Du, Plessis Madri. "Evaluation of the international law regarding humanitarian intervention in human rights abuses not breaching international peace and security." Thesis, Stellenbosch : Stellenbosch University, 2004. http://hdl.handle.net/10019.1/53742.

Sutton, Rebecca. "The international humanitarian actor as 'civilian plus' : the circulation of the idea of distinction in international law." Thesis, London School of Economics and Political Science (University of London), 2018. http://etheses.lse.ac.uk/3803/.

Mavridis, Iakovos. "The practice of humanitarian intervention after the end of the Cold War : emerging norm or just practice? : humanitarian intervention and international law." Thesis, University of Hull, 2006. http://hydra.hull.ac.uk/resources/hull:5858.

Steiner, Hrafn. "Cyber operations, legal rules and state practice : authority and control in international humanitarian law." Thesis, Stockholms universitet, Juridiska institutionen, 2017. http://urn.kb.se/resolve?urn=urn:nbn:se:su:diva-142944.

Moir, Lindsay. "The protection of civilians during non-international armed conflict." Thesis, University of Cambridge, 1997. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.284993.

Vanegas, Guzman Maria del Pilar. "Integrating legal pluralism to ICRC's task of enhancing compliance with international humanitarian law." Thesis, McGill University, 2011. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=97134.

Güler, Hande. "The Interaction between International Human Rights Law and International Humanitarian Law: Seeking the most effective protection for children in armed conflicts." Thesis, Malmö universitet, Fakulteten för kultur och samhälle (KS), 2019. http://urn.kb.se/resolve?urn=urn:nbn:se:mau:diva-21526.

Kolb, Andreas Stephan. "The responsibility to protect : legal rights and obligations to save humans from mass murder and ethnic cleansing." Thesis, University of British Columbia, 2008. http://hdl.handle.net/2429/4160.

Ferstman, Carla. "Reparation for violations of human rights and humanitarian law : the responsibility of international organizations." Thesis, University of Oxford, 2016. https://ora.ox.ac.uk/objects/uuid:4ac8ab4f-6c87-4238-b2df-ea8dadb22110.

Bantekas, Ilias. "Principles of individual responsibilty for violations of international humanitarian law after the ICTY." Thesis, University of Liverpool, 1999. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.489897.

McDonald, A. M. "Rights to legal remedies of victims of serious violations of international humanitarian law." Thesis, Queen's University Belfast, 2003. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.273093.

Bates, Elizabeth Torbe Stubbins. "Solving the conundrum between military training, prevention and compliance in international humanitarian law." Thesis, SOAS, University of London, 2018. http://eprints.soas.ac.uk/30290/.

Zamir, Singer Noam Ziso. "Classification of conflicts in cases of foreign intervention in civil wars." Thesis, University of Cambridge, 2014. https://www.repository.cam.ac.uk/handle/1810/283965.

Uyar, Abatay Lema. "The accountability of UN post-conflict administrations for violations of international humanitarian law and human rights law." Thesis, University of Oxford, 2013. http://ora.ox.ac.uk/objects/uuid:a3dc00e1-afe1-4503-a9de-e18af88c2982.

Schlagheck, Heidi Michelle. "The Importance of International Law in Counter-Terrorism: The Need for New Guidelines in International Law to Assist States Responding to Terrorist Attacks." Thesis, Virginia Tech, 2006. http://hdl.handle.net/10919/36371.

Kamanzi, Aziza. "Legal protection of humanitarian workers during a non-international armed conflict." Thesis, University of the Western Cape, 2010. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_2491_1299492391.

This research paper focuses on the legal protection of humanitarian workers. It refers to the experience of governmental organizations with a humanitarian vocation, and international humanitarian organizations, such as, the International Committee of the Red Cross (ICRC), active in more than 80 countries. The ICRC was created in order provide assistance and protection to wounded combatants,11 but its activity has gradually extended to include prisoners of war and civilians, territories. Also Medecin Sans Frontiere (MSF), functioning in more than 70 countries, was established to provide medical assistance to victims of conflicts or natural and other disasters.

Al-Tarawneh, Mekhled Irkhyes. "The legality of humanitarian intervention under the United Nations Charter and contemporary international law." Thesis, University of Aberdeen, 1998. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.272484.

Ali, Abed Sara. "Targeted killing under International Humanitarian Law : The lawfulness of targeted killing in armed conflicts." Thesis, Örebro universitet, Institutionen för juridik, psykologi och socialt arbete, 2020. http://urn.kb.se/resolve?urn=urn:nbn:se:oru:diva-86493.

Von, Tigerstrom Barbara. "Human security and international law prospects and problems /." Oxford ; Portland, OR : Hart Pub, 2007. http://www.netlibrary.com/urlapi.asp?action=summary&v=1&bookid=227756.

Macarchuk, Ashley. "The Effect of International NGOs on Influencing Domestic Policy and Law." Scholarship @ Claremont, 2018. http://scholarship.claremont.edu/cmc_theses/1866.

Law, human rights and gender in practice: an analysis of lessons from implementation of self-care interventions for sexual and reproductive health

Posted on May 20, 2024 May 20, 2024

» Law, human rights and gender in practice: an analysis of lessons from implementation of self-care interventions for sexual and reproductive health

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Authors:  Laura Ferguson, Manjulaa Narasimhan, Jose Gutierrez, William Jardell, and Sofia Gruskin 

Published By: Sexual and Reproductive Health Matters

Date: August, 2022

Publication Link: https://www.tandfonline.com/doi/full/10.1080/26410397.2022.2105284

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Hong Kong National Security Laws: Creating Fear in Its Citizens

I. History of Hong Kong and Its National Security Law

Hong Kong, located in the southern region of China, was originally under British rule. [1] This was a direct result of the Opium War. [2] The Opium War began because the British were smuggling opium into China, against China’s wishes, to pay for other product that were being transported into the country. [3] The War ended in 1842 after the signing of the Treaty of Nanking, which gave Britain Hong Kong and established free trade with China. [4] Britain then signed the Second Convention of Peking, granting it rule over Hong Kong for 99 years. [5] However, before the 99 years were complete, China negotiated with Britain to release the colony in exchange for a “’one country, two systems’” government approach. [6] When Hong Kong was first reunited under Chinese rule, Hong Kong was distinct from the mainland. Hong Kong enjoyed rights that mainland China did not have: freedom of speech, freedom of assembly, and the right to vote during democratic elections. [7] However, China quickly began to shift Hong Kong’s government, angering its citizens. [8]

China promised that Hong Kong citizens would be able to elect their leaders to power. [9] Instead, China gave Hong Kong a list of pre-selected options, causing tension and unrest within the mainland. [10] This betrayal sparked the 2014 Umbrella Movement- hundreds of thousands of people mass protested on the streets in opposition of China, and used umbrellas to shield themselves from police. [11] In 2019, following the Umbrella Movement, China enacted new security laws, banning any  opposition to the Chinese government. [12] China narrowed elections further, only allowing men whom China deemed as loyal to run for Hong Kong’s government. [13] John Lee is now the current leader of Hong Kong, as he was the only one deemed loyal. [14] He has been Hong Kong’s leader since 2022. [15]

In 2020, China pushed more national security laws into Hong Kong, as a response to the growing protests. [16] Through these laws, pro-democracy businesses, artwork, and sources of news have been banned in Hong Kong since they go directly against China’s government structure, as China is a communist country. [17] Because free speech and protesting was banned, citizens began gathering and holding blank papers to symbolize the lack of words left for them to use. [18] The government pulled movies, books, access to websites, teachers, and legislators who support independence. [19] Beijing created a hub in Hong Kong to “guide” national security and select legislation in favor of China’s government that would override Hong Kong’s laws. [20] Although China, both historically and recently, promised to protect Hong Kong citizens’ freedom, similar laws in China proved that this was not the true intent behind these laws. [21]

As a result, the United States revoked special status, which allowed the military to send sensitive information overseas. [22] Taiwan began assisting Hong Kong residents to flee the country. [23] The UK provided refugee status to Hong Kong citizens. [24] The Hong Kong government promised to pursue fugitive offenders of the new law for “as long as [they] live[d].” [25] Police officers who had a strong record of abusing citizens were given top honors by the government as doing a “’service to their community.’” [26]

The government strategically used these laws to “wipe out” any freely expressed opinions against China’s government. [27] Further, Hong Kong was under a trial of new security laws, with the trial period ending on February 28, 2024. [28] The purpose of these laws is to fill the “gaps” left from the 2020 enactment, with the same goal of unifying the laws and government between China and Hong Kong. [29] The “trial period” allows for the government to monitor the public’s response to the new laws, react, and adapt accordingly before finalizing the laws. [30]

II. Concerns Citizens Have About the New Laws

The new security laws have Hong Kong’s citizens worried about their ability to freely voice their opinions and concerns without fear of punishment. A researcher at the University of Tokyo explains that “the purpose is to have total control of [their] activities, including freedom of expression.” [31] With many citizens sharing similar feelings, John Lee believes these new laws protect and respect freedom of speech. [32] He argues the protests proved that the nation needed new security to properly enjoy their rights. [33] He further explained that even though Hong Kong may currently appear to be safe, there is still a security threat. He anticipates non-citizens who are advocating for an independent government may still be active and preparing to rebel. [34] Lee was a police officer for over 20 years before becoming Hong Kong’s leader, so his anticipations may be based on past trends seen on the force. [35] Lee continues to express that he fully supports the new laws, as they will create stability and will ultimately be in the best interest of Hong Kong’s citizens. [36] Accordingly, the government argues that these laws were necessary since Hong Kong became a part of China again. [37] Under Hong Kong’s Basic Law, or “mini-constitution,” Article 23 states it may “enact laws on its own to prohibit acts and activities that endanger national security.’” [38] Because citizens continued to respond to changes with mass protesting, Article 23 was tabled until 2020 and again until this year. [39]

Citizens are disappointed in Hong Kong’s shift in power: they appreciated the freedom to speak on politically sensitive topics without fear of being censored. [40] But now under Chinese rule, Hong Kong citizens live in fear of speaking on their beliefs and the desire to return to their government under Britain. [41] International organizations and businesses, from banks to schools, are worried as well. [42] Those researching within Hong Kong’s borders are nervous that the new laws will control their internet access and data operations. [43] Once a free land, Hong Kong citizens are now living a life of fear.

III. Human Rights and International Law Violations

Citizens have been concerned about their freedom for years. Similar to the current change in laws, China attempted to modify Hong Kong’s security laws in 2003 but was unsuccessful. [44] The attempt sparked a mass protest with over 500,000 people all in opposition of the new laws. [45] Because of this, citizens are well-aware that their laws are in direct violation of Article 19 of the Universal Declaration of Human Rights, which states that “Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.” [46] Since the 2020 security laws have taken effect, hundreds of supporters for pro-democracy have been placed in jail for speaking against the Chinese government. [47] The legislation will be enacted to fill in the gaps of the 2020 laws, focusing on treason, espionage, destructive activities endangering their security, external interference, insurrection, and theft of state secrets. [48] With these focuses, almost all media coverage of opposition will disappear. [49] Anyone who suggests dissatisfaction with the government will not have access to due process or a fair trial, as China has extended “police detention without charge and restrict[ed] access to lawyers.” [50] Currently, Jimmy Lai, a well-known activist in Hong Kong, is on trial for violating the national security laws, as he started his own magazine speaking out against the Chinese government. [51] He struggled to find counsel willing to represent him, as some attorneys have been barred from taking his case as it is a national security risk. [52]

Additionally, these new laws are overly broad, creating blanket rules that are unclear. [53] Blanket laws allow the government to prosecute for almost anything they deem to be a danger to national security.. [54] This makes it difficult for people, specifically journalists, to know when their opinions are considered a “threat” to the nation’s security. [55] With the inability to freely voice their opinions and the risk of life imprisonment, journalists are becoming scarce. [56] People cannot distinguish their “peaceful exercises of human rights, including the rights to freedom of association, assembly, expression and the press,” causing anxiety among citizens to gather and protest. [57] Further, there have been no protests during the trial period, since the consequences for directly opposing the laws is imprisonment. [58] This is seen directly after the 2020 provisions, where arrestees were presumed guilty instead of innocent, and many were not given bail unless they could show they would cease acts that could endanger the nation and its security. [59]

IV. Conclusion

Countries concerned with the power dynamics of China and Hong Kong should publicly voice their disapproval, in hopes of influencing China to reverse these laws. [60] Human Rights Watch, an organization that researches and advocates for human rights, urges countries to “impose targeted sanctions, including asset freezes and travel bans, on the responsible Hong Kong and Chinese officials.” [61] Although the trial period for the new laws are now complete, there have not been any public updates regarding next steps.

[1] Tessa Wong, China and Hong Kong: Five Moments in Fraught Relationship Since Handover (June 26, 2022), https://www.bbc.com/news/world-asia-china-61809659.

[2] The National Archives, Hong Kong and the Opium Wars How Did Hong Kong Become Part of the British Empire, https://www.nationalarchives.gov.uk/education/resources/hong-kong-and-the-opium-wars/#:~:text=Britain%20won%20the%20war%20in,damages%20for%20the%20destroyed%20opium (last visited Mar. 3, 2024).

[3] Id . at ¶2.

[5] History.com Editors, Britain Agrees to Return Hong Kong to China , https://www.history.com/this-day-in-history/britain-agrees-to-return-hong-kong-to-china (last updated Dec. 18, 2023).

[7] Supra note 1 at ¶8.

[9] Id. at ¶32.

[10] Id. at ¶34.

[13] Id. at ¶50.

[15] The Editors of Encyclopedia Britannica , John Lee Chief Execuitve of the Hong Kong Special Administrative Region , https://www.britannica.com/biography/John-Lee-government-official (last visited April 1, 2024).

[16] Vivian Wang and Tiffany May, Hong Kong Pushes New Security Law to Root Out ‘Seeds of Unrest’ (Jan. 30, 2024) https://www.nytimes.com/2024/01/30/world/asia/hong-kong-security-law-unrest.html .

[17] Human Rights Watch , Dismantling a Free Society (June 25, 2021), https://www.hrw.org/feature/2021/06/25/dismantling-free-society/hong-kong-one-year-after-national-security-law.

[20] Lily Kou, China Passes Controversial Hong Kong National Security Law (June 29, 2020, 11:00pm) https://www.theguardian.com/world/2020/jun/30/china-passes-controversial-hong-kong-national-security-law.

[24] Supra note 15.

[28] VOA News, Hong Kong to Craft Its Own National Security Law (Jan. 30, 2024, 3:47 AM) https://www.voanews.com/a/hong-kong-to-craft-its-own-national-security-law/7462916.html .

[29] Chris Lau, Hong Kong Unveils its Second National Security Law Aligning City More Closely With Mainland China (Mar. 8, 2024, 2:14am) https://www.cnn.com/2024/03/08/world/hong-kong-new-national-security-laws-china-intl-hnk/index.html.

[31] Supra note 13.

[32] Helen Davidson, Hong Kong’s Article 23: What is the New National Security Law and What Will It Mean for Human Rights (Jan. 30, 2024, 12:50 AM) https://www.theguardian.com/world/2024/jan/30/hong-kong-article-23-new-national-security-laws-explained-what-do-they-mean .

[34] Supra note 15 at ¶6.

[35] The Editors of Encyclopedia Britannica , John Lee Chief Execuitve of the Hong Kong Special Administrative Region , https://www.britannica.com/biography/John-Lee-government-official (last visited Mar. 17, 2024).

[36] Jessica Pang and Greg Torode, Hong Kong Leader Starts Push for New Security Laws Says City ‘Can’t Afford to Wait’ (Jan. 30, 2024, 9:04 AM), https://www.reuters.com/world/china/hong-kong-leaders-start-legislative-push-tighten-national-security-laws-2024-01-30/ .

[39] Nectar Gan, Hong Kong Already Has a National Security Law Now Its Leader is Pushing for Another One (Jan. 30, 2024, 12:33 PM), https://edition.cnn.com/2024/01/30/asia/hong-kong-security-law-article-23-consultation-intl-hnk/index.html .

[40] Erin Hale, For Foreign Firms in Hong Kong National Security Plans Bring Fresh Chill (Feb. 14, 2024), https://www.aljazeera.com/news/2024/2/14/for-foreign-firms-in-hong-kong-national-security-plans-bring-fresh-chill .

[43] Supra note 20.

[44] Supra note 15.

[46] U.D.H.R. art. 19.

[47] Supra note 17.

[49] Supra note 20.

[50] Human Rights Watch, Hong Kong: Government Should Oppose Security Bill 86 Groups Urge Rebukes Sanctions Against Beijing’s Latest Assault on Rights (Feb. 19, 2024, 7:15 PM), https://www.hrw.org/news/2024/02/19/hong-kong-governments-should-oppose-security-bill.

[53] Kanis Leung, Hong Kong’s Plan for a New National Security Law Deepens Fear Over Eroding Civil Liberties (Feb. 28, 2024, 4:30 AM), https://abcnews.go.com/International/wireStory/hong-kongs-plan-new-national-security-law-deepens-107619459.

[56] Supra note 15.

[57] Shweta Sharma, UK ‘Strongly’ Calls on China to Reconsider Hong Kong’s New National Security Law (Feb. 29, 2024), https://www.independent.co.uk/asia/china/hong-kong-national-security-law-china-uk-b2504530.html?callback=in&code=NMFJYWE0ZDATOTM1ZS0ZMGU4LWE2NTQTYWE2NWIWNDQ1NTNM&state=4abbf3478d334e1b8100a05de1c88e50 .

[59] Amnesty International, Hong Kong: National Security Law Has Created a Human Rights Emergency (June 30, 2021), https://www.amnesty.org/en/latest/news/2021/06/hong-kong-national-security-law-has-created-a-human-rights-emergency-2/.

[60] Supra note 32 at ¶2.

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Opinion I created the Leahy law. It should be applied to Israel.

Requiring Israel to respect human rights does not imply “moral equivalence” with Hamas

Patrick Leahy, a Democrat, served as a U.S. senator from Vermont for 48 years.

In the 1980s and ’90s, the United States gave training, weapons and ammunition to Latin American security forces with a long history of violating human rights. In Guatemala and El Salvador, soldiers trained and equipped by the United States killed hundreds of thousands of civilians with near-total impunity. I conceived and introduced the Leahy law in 1997 because our Latin partners, and security forces in many other countries, were violating the basic principles that the United States stands for, and we were complicit.

Today, people are asking whether the law should apply to Israel.

The law prohibits U.S. aid to any unit of a foreign security force if the secretary of state has “credible information” the unit has committed a gross violation of human rights: murder, rape, torture, forced disappearance or other flagrant denials of the right to life, liberty and personal security. Aid can resume if the foreign government is taking “effective steps” to bring the responsible members of the unit to justice.

The Leahy law is not a panacea. But it is a vital tool to remind foreign officials — and our own — that American taxpayers do not want to fund human rights violations. Faced since its passage with repeated arguments that “engagement” with foreign forces is essential and that human rights problems are the result of “a few bad apples,” I have responded, in effect: “Let’s agree not to arm and train the worst bad apples until our partners clean them up.” This is hardly a pie-in-the-sky standard. In fact, it is a bare minimum about which there should be no disagreement.

Over the years, the Leahy law has been applied to many countries, and secretaries of state and defense of both political parties have affirmed its importance as a practical and effective tool to shield the United States from involvement in horrific crimes and to build forces that respect human rights and the laws of armed conflict. But while the Leahy law applies the same requirements to every country, it has not always been equally enforced. Israel, among the largest recipients of U.S. military aid, is a glaring example.

Beginning in the early 2000s, I wrote to successive secretaries of state about the failure to apply the Leahy law to Israel. The responses were either inconclusive or inaccurately claimed the law was being applied to Israel the same as to other countries, which the State Department continues to insist today.

Unlike for most countries, U.S. weapons, ammunition and other aid is provided to Israeli security forces in bulk rather than to specific units. The secretary of state is therefore required to regularly inform Israel of any security force unit ineligible for U.S. aid due to having committed a gross violation of human rights, and the Israeli government is obligated to comply with that prohibition.

Since the Leahy law was passed, not a single Israeli security force unit has been deemed ineligible for U.S. aid, despite repeated, credible reports of gross violations of human rights and a pattern of failing to appropriately punish Israeli soldiers and police who violate the rights of Palestinians.

Recently, Secretary of State Antony Blinken determined that four Israeli security force units had committed gross violations of human rights of Palestinians in the West Bank, months or years ago, but that Israel had taken effective steps to bring those responsible to justice, so the Leahy law was not applied. Yet two of those cases involved the fatal shooting of unarmed Palestinians for which the Israeli soldiers served little or no time in prison.

In the case of a fifth unit, in January 2022, soldiers of the Israeli Netzah Yehuda Battalion falsely detained a 78-year-old Palestinian American citizen, Omar Assad , bound his hands behind his back, gagged him and left him facedown on the ground. He died from a stress-induced heart attack. Israel cleared the soldiers of any wrongdoing, and Prime Minister Benjamin Netanyahu praised Netzah Yehuda and pledged to thwart any U.S. attempt to implement the Leahy law. Although Blinken determined that Netzah Yehuda had committed a gross violation, the Leahy law has not been applied.

Thus, according to the State Department, in the decades-long history of the Leahy law, only five Israeli security force units have committed a gross violation of human rights, of which four were appropriately punished. That not only begs credulity; it also makes a mockery of the law.

I have condemned Hamas ’s barbaric attack on Oct. 7. The perpetrators of those atrocities should be tracked down and held to account. Applying the Leahy law to Israel would not suggest “moral equivalence” with Hamas. Nor will faithfully applying the Leahy law to Israel weaken its security. Our aid to Israel will continue to flow to Israeli units that respect human rights and international law.

The secretary of state should urgently give Israel a list of ineligible Israeli security force units, including Neztah Yehuda, regularly update the list with units that commit gross violations of human rights and thereby demonstrate that no country whose security forces receive U.S. aid is above U.S. law.

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