F1HH 4500 - The Impact of International Law in Fragile States of the MENA region

The cynical use of diplomacy and the selective deployment of justice tend to undermine the legitimacy of International law, particularly in the MENA region. The never-ending succession of wars, without accountability, unfailingly generates increased humanitarian action. Is the latter a remedy or part of the problem? The course will focus particularly on Syria, Lebanon, Palestine and Libya whose situation is a concentrate of these challenges. Notwithstanding the power play that normally shapes international relations, what does it take to restore confidence in the ability of international institutions and mechanisms to act responsibly and fulfill their mandate ethically? Who do humanitarians work for and to whom are they accountable? Do donor states influence policy shaping in fragile states and if so, how? What part does the UN take in governance of conflict and post conflict zones? Is the development of new investigative mechanisms and non-binding legal instruments a coping mechanism or a fresh impetus for the international legal order? By exploring the hidden obstacles that lie along the way of an ethical practice of law at the international level, the seminar is meant to be a thought-provoking experience that fosters innovative approaches for efficient human rights and humanitarian action policies.

Over the course of this subject, Students will:

• Develop their understanding of the complexity of factors that impact the rule of law in major parts of the MENA region and beyond
• Reinforce their critical thinking and analytical skills through adversarial debates
• Prepare for a lucid, yet demanding, professional practice

>> Learning Outcomes

1- Better understanding of the complexity of factors that impact the rule of law in parts of the MENA region and beyond
2- Gaining insight into the legal challenges posed by major contemporary phenomena
3- An insider's view of human rights approach by governments, UN bodies and international courts

>> Professional Skills

1- Reinforcement of analytical skills and critical thinking through adverserial debates
2- Development of the student's ability to confront theoretical knowledge with professional practices
3- Preparedness for a lucid, yet demanding, professional practice

I will be drawing on my experience gained at the intersection of international organizations and government affairs which included laying the foundation of an international criminal tribunal, negotiating the Global Compact on Refugees and the Global Compact for Migration, and exploring the legal avenues fit for emerging issues like ISIL. The seminar will examine how the lofty principles of humanitarian and human rights policies are put to a test when faced with reality in the field.

Alia AOUN

Séminaire

English

none

Spring 2022-2023

- Oral presentation (40% of the final average grade). 10 -minute oral presentation conducted in pairs (5 minutes each student), that would include a debate at the opening of each course, designed to present the pros and cons for each topic. Keeping to time will be part of the assessment criteria.
- Written assessment (40% of the final average grade). At the end of each session, students will volunteer or be designated to write a proposal to tackle the issues covered during the session. The corrected copies will inform the final session of the seminar. The format of the written assessment will be discussed in the first session of the course.
- Participation (20% of the final average grade) – reflection on the topic of the debate.