Fereshteh Toukhi | Linköping University (original) (raw)
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Thesis Chapters by Fereshteh Toukhi
Over the years, the International Criminal Court (ICC) has received criticism for exercising its ... more Over the years, the International Criminal Court (ICC) has received criticism for exercising its territorial jurisdiction over non-state parties' nationals. Non-state parties claim that the Court is illegitimate and that its jurisdictional claim over their nationals violates the principle of consent in public international law. This thesis aims to develop interdisciplinary research into international relations and international law by asking the question of how the alleged legitimacy deficit of the ICC can be alleviated. The interdisciplinary methodology is approached through supplementing the legal dogmatic method with international relations theory. In turn, the analysis is carried out in two sections, one dedicated to legal analysis and the other to the international relations theory constructivism.
The thesis examines whether existing accountability mechanisms sufficiently safeguard internation... more The thesis examines whether existing accountability mechanisms sufficiently safeguard international human rights law in relation to private military and security companies' misconduct. The legal dogmatic method is used in order to carry out the research. Accountability is assessed in three parts. Firstly, the prospects of attribution are evaluated through the international law of state responsibility. Next, the thesis analyses whether private military and security companies can incur responsibility for their wrongful conduct. Lastly, states' due diligence obligations in international and regional human rights treaties are assessed. When assessing the responsibilities of private military and security companies, the thesis delves into the future of regulation and the diverging opinions of notable scholars in the field. The thesis establishes that responsibility rarely trickles down to private military and security companies within the states' domestic legal systems. Therefore, private military and security companies must be directly regulated by international human rights law. However, there is a lack of consensus pertaining to the content of any international human rights law obligations that private military and security companies may have. Attempts to establish the content of state obligations and the obligations of private military and security companies have been criticised for being state-centric by scholars. The conclusion reached was that the current legal situation only warrants the creation of international minimum obligations for private military and security companies.
Over the years, the International Criminal Court (ICC) has received criticism for exercising its ... more Over the years, the International Criminal Court (ICC) has received criticism for exercising its territorial jurisdiction over non-state parties' nationals. Non-state parties claim that the Court is illegitimate and that its jurisdictional claim over their nationals violates the principle of consent in public international law. This thesis aims to develop interdisciplinary research into international relations and international law by asking the question of how the alleged legitimacy deficit of the ICC can be alleviated. The interdisciplinary methodology is approached through supplementing the legal dogmatic method with international relations theory. In turn, the analysis is carried out in two sections, one dedicated to legal analysis and the other to the international relations theory constructivism.
The thesis examines whether existing accountability mechanisms sufficiently safeguard internation... more The thesis examines whether existing accountability mechanisms sufficiently safeguard international human rights law in relation to private military and security companies' misconduct. The legal dogmatic method is used in order to carry out the research. Accountability is assessed in three parts. Firstly, the prospects of attribution are evaluated through the international law of state responsibility. Next, the thesis analyses whether private military and security companies can incur responsibility for their wrongful conduct. Lastly, states' due diligence obligations in international and regional human rights treaties are assessed. When assessing the responsibilities of private military and security companies, the thesis delves into the future of regulation and the diverging opinions of notable scholars in the field. The thesis establishes that responsibility rarely trickles down to private military and security companies within the states' domestic legal systems. Therefore, private military and security companies must be directly regulated by international human rights law. However, there is a lack of consensus pertaining to the content of any international human rights law obligations that private military and security companies may have. Attempts to establish the content of state obligations and the obligations of private military and security companies have been criticised for being state-centric by scholars. The conclusion reached was that the current legal situation only warrants the creation of international minimum obligations for private military and security companies.