Saudi Cultural Missions Theses & Dissertations
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Item Restricted The combined application of force under Article 2(4) and Article 51 of the United Nations Charter for cyber warfare: Examining and learning lessons from the Iranian cyber warfare threat to Saudi Arabia(Lancaster University, 2023-03) Alhamdan,Monirah; Sweeney, James; Easton, CathrienThis thesis is written by MONIRAH FAHAD ALHAMDAN on the combined application of force under Article 2(4) and Article 51 of the United Nations Charter for cyber warfare: Examining and learning lessons from the Iranian cyber warfare threat to Saudi Arabia. In the absence of formal international legal regulation on cyber warfare and cyber-attacks, countries must apply the traditional rules for determining whether an armed conflict exists (jus ad bellum) to this new type of conflict. Nonetheless, applying jus ad bellum norms to this issue is a very controversial matter. Article 2(4) of the UN Charter prohibits using force between states, whereas Article 51 makes an exception for self-defence against an armed attack. To what extent can these Articles be applied to prevent and punish the source of cyber operations? This and other questions will be discussed in this study. The International Court of Justice (ICJ) clarified the use of force in the Nicaragua case. Also, it recognised the right of self-defence in customary international law. Moreover, the present study is timely and significant because of the increased number of ‘cyber operations’ influencing other states, such as in the long-lasting regional struggle for power between Saudi Arabia and Iran. That regional struggle will provide the backdrop to this thesis, although global examples will also be examined. Also, to understand its responsibility and scope of cyber-attacks, this research will attempt to assess the lawfulness of the Security Council to authorize the use of cyber weapons as a tool to maintain peace and security in the world. This body of research will furthermore look into the jus ad bellum norms in Traditional Islamic Rules in a cyber-context. Moreover, it will help researchers do further research in applying international law norms to cyber operations. This thesis undertakes a robust doctrinal analysis of the existing exalt in this field and proposes some future developments. This thesis will not use measurements of quantity and amounts as its essential tools but instead a qualitative method.11 0Item Restricted THE IDEA OF WOMEN’S' RIGHTS AS EQUITY VERSUS WOMEN'S RIGHTS AS EQUALITY/SAMENESS " THE CASE OF SAUDI ARABIA AND BEYOND"(University of Minnesota, 2024-04) Basalem, Badriya Omar; Carbone, JuneThis dissertation examines the concept of women’s' rights determined as equity versus women's rights as equality/sameness by considering the reservations of Saudi Arabia when ratifying the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) and highlights the difficulties in reconciling the too disparate approaches whilst offering possible solutions. Essentially CEDAW and the West define equality in terms of sameness and that women and men should have equal opportunities. The Saudi Arabian and Islamic approach is that equity is the correct approach. Concepts of Equality: the dissertation examines the different definitions of equality, and also the different definitions of equity. Equality may be defined as sameness (equal access or opportunity), or as equality of outcome, also called substantive equality, although this is shown to also be problematic in some cases. There are also two views of equity, one view, presented by Islam (and some other religions, like the Roman Catholic church), says society should accord all individuals what they need, and what individuals need is determined by the roles they play in society, whilst another view of equity emerges out of the idea of structural inequalities. This is the idea that we need to focus on equal outcomes rather than equal opportunities to make up for past discrimination. Critics suggest that the first does not go far enough, but that the second goes too far, however, the second is closest to substantive equality. CEDAW in the Saudi Context: Saudi Arabia has many issues related to human rights and women’s rights, and UNDP and the CEDAW committee have analyzed some of these, acknowledging some progress and raising some questions or problems. In the dissertation a deep analysis of the current situations, laws, and policies are undertaken by a Saudi citizen, highlighting issues such as Saudi Arabia: Vision 2030 and new anti-discriminatory laws and the commitment of the government and officials. The analysis also covers all areas of Saudi Arabian life, and how the difference between equality and equity could impact society, emphasizing the view that Islamic teaching puts responsibilities ahead of rights, whilst acknowledging both. Conclusion and Recommendations: the dissertation concludes that it is, in fact, possible to reconcile the equity/equality debate, and that Saudi Arabia is making slow but steady progress towards a definition of substantive equality that meets the requirements of Islamic teaching whilst eventually providing a level of de facto equality that will be indistinguishable from the Western definition found in CEDAW. If this conclusion is accepted and the recommendations followed, the Saudi Arabian progress can be consolidated and perhaps accelerated.14 0Item Restricted Beyond the Rhetoric of Nuclear Disarmament: Analyzing the Effectiveness of International Law and Organizations(Saudi Digital Library, 2023-11-29) Alraddadi, Thamer; Knox, JohnThis dissertation examines the complex relationship between international law, international organizations, and the challenge of controlling weapons of mass destruction through bodies, treaties and resolutions. Focused primarily on nuclear weapons, it examines the complexity of the past and current legal instruments within the political challenges that shape the regulation of these weapons. The dissertation also analyzes the role of the United Nations’ various organs and established entities in fostering international dialogue toward nuclear disarmament through resolutions, treaties and the like. A thorough examination of fundamental treaties, including the Treaty on the Non-Proliferation of Nuclear Weapons (NPT), the Comprehensive Nuclear-Test-Ban Treaty (CTBT), and the Treaty on the Prohibition of Nuclear Weapons (TPNW), forms a substantial core of the study. The effectiveness and limitations of these legal instruments are investigated, revealing the obstacles in the pursuit for global nuclear disarmament. The research further engages with the controversial 1996 Advisory Opinion of the International Court of Justice (ICJ) concerning the Legality of the Threat or Use of Nuclear Weapons, examining its implications and disputed interpretations. Bridging the gap between legal theory and practical considerations, the dissertation provides an evaluation of the collective effectiveness of international organizations and legal frameworks in steering the nuclear disarmament order. Finally, the dissertation contributes to the ongoing discourse on nuclear disarmament by proposing practical solutions aimed at minimizing the spread of nuclear weapons and reinforcing the performance of related organizations and legal mechanisms and thus accelerating the global effort towards a nuclear-weapon-free world.16 0Item Restricted International Human Rights, Cultural Relativism(Saudi Digital Library, 2023-11-06) Alsulami, Khalid Anas; Bowyer, RichardThe discourse of international human rights laws between universalism and the cultural relativism counterpart, has reemerged quite significantly in recent years not just in Saudi Arabia but also in other neighbouring countries. This is not confined to the middle east, and also affects countries which are facing huge societal changing around the world, similar to those emerging in the Kingdom. The notion of international human rights to be applied universally is deeply stated in the universal declaration of human rights (UDHR), and other core IHRLs, particularly in norms are related to culture. The basic element of the universalists is international human rights laws are applicable to every society and every individual in everywhere, regardless of their culture, language, believe and other social differences. in other word, potentially it could has seen practically from relativists, as one approach of international human rights laws should be valid everywhere. On the other hand, cultural relativists claims that every society should have their own human rights laws, which represent people’s needs and dealing with their human rights violations in their ways, without external intervention in their culture, which could cause more damage of individual’s rights. The idea of relativity is deeply stressed by the Kingdom, when there is a belief that International Human Rights Law conflicts with Saudi’s culture and traditions. Therefore, this research tries to revise the two theories towards human rights laws, universalism and cultural relativism as they are understood in the context of Saudi Arabian culture and traditions.11 0Item Restricted Non-State Actors as Cyber Operation Participants: Extending the Law of State Responsibility to Non-State Actors Engaged in Cyber Operations and Attacks(Saudi Digital Library, 2023-11-30) Alqahtani, Mesfer; Elliot, WinterThe role of Non-State Actors in both International Law and International Humanitarian law, has presented an issue for legal scholars for some time, and as yet it is without a definitive answer. In the context of cyber operations, both at apparent times of peace and in times of international armed conflict, this adds a further layer of complexity to the attribution of State Responsibility for such attacks. Thus, within this study these issues are examined through looking at the international law of State Responsibility and attribution, with a focus on the changing customary norms and soft law instruments that could be adapted to assist States in accepting the positive obligation of customary International Law to take action to prevent and disrupt such attacks, as the “carrot” approach, and the assignment of responsibility to states for the actions of non-state actors (NSAs) through the doctrines of effective and overall control as the opposing “stick”. Furthermore, it looks at how a States lack of action can be considered “complicity” in order to frame up how the “soft law” instruments of the Draft Articles of State Responsibility and the Tallinn Manual on the International Law of Cyber Operations can combine to create a persuasive political and diplomatic international obligation upon States, which would serve to prevent, mitigate and disrupt State use of Non-State Cyber Actors as proxies in their covert cyber operations.13 0Item Restricted Border Control in Cyberspace? Exploring the Effectiveness of State Protection From Cyberattacks(Saudi Digital Library, 2023-10-28) Alzahrani, Khaled; Van Den Meerssche, DimitriIn the cyberspace dimension, the concept of sovereignty has faced significant scrutiny as cyberattacks continue to threaten state sovereignty and territorial control. This essay delves into the relationship between sovereignty violations, attribution challenges and the effectiveness of state protection in cyberspace. The traditional understanding of sovereignty, rooted in physical territory boundaries, falls victim to the cyberspace phenomenon, where the basis for the traditional understanding do not comply with the borderless nature of cyberspace. This makes it difficult for states to attribute attacks to specific actors as well as complications in claiming sovereignty violations. This essay will therefore discuss how sovereignty can be assimilated to cyberspace attacks and that a new understanding, using the Tallinn Manual 2.0, ought to be established. The process of attribution will also be discussed in depth regarding its applicability with cyberattacks in the current form and how best to enhance the attribution model. These two concerns lead us to briefly mention recent case examples of cyberattacks and how states have responded. Whether or not the responses achieve effective state protection is the overall aim of this essay. The first chapter will introduce the topic, following this we will discuss both sovereignty and attribution respectively, completing the essay with two case studies on the topic of effective protection from cyberattacks.30 0Item Restricted The Harmonisation of Cybercrime Laws Under the Budapest Convention; The Effects on the International Cybercrime Laws(2023) Alqarni, Abdulelah; Basu, SabhajitThe continued use of electronic commerce or transactions has brought an array of social-economic and legal issues that have raised substantial challenges in policing the internet globally. Most countries have implemented cybercrime laws as the primary strategy to minimise the incidence of cyber-related crimes within their jurisdictions. However, the effectiveness of individual laws on cybercrimes has always been in question, given the increase in such crimes under different jurisdictions. The Budapest Convention on Cybercrime has mainly been globally diffused and operates as a model law in drafting domestic cybercrime legislation in copious countries. The Convention aimed to create a global instrument that would handle cybercrimes effectively by harmonising cybercrimes internationally. As there is a need for different nations to harmonise their domestic laws and make reforms needed to address cybercrimes effectively.46 0