2024 Theses Master's

Assessing International Law’s Capacity and Response to Human Rights Violations by Democratic States, Autocratic States, and Non-State Actors

Majarwitz, Savannah

This thesis explores the application of international law in holding democratic states, authoritarian states, and non-state armed groups (NSAGs) accountable for the crime of torture, a key violation under the framework of crimes against humanity (CAH).

By analyzing case studies of the United States, the Syrian Arab Republic, and the Revolutionary Armed Forces of Colombia (FARC), the research investigates how international law addresses human rights violations, with a focus on the discrepancies in their application based on group type. Findings indicate the application of international law is uneven, shaped by the political and structural characteristics of group identity responsible for the violation: democratic states tend to pursue accountability through domestic legal processes, while authoritarian states often resist internal prosecution, necessitating international legal interventions. In contrast, accountability for NSAGs is highly contingent on the historical and political context of the conflict, with mechanisms such as transitional justice or international prosecution being the primary means of redress.

The thesis emphasizes the existing gaps in accountability mechanisms, advocating for the revitalization of international commitment in upholding international norms even in spite of geopolitical interests and growing isolationism. Reforming international law is essential in addressing worldwide conflicts, but this cannot be done without the international community’s collective efforts.