Search results for: case studies of cyberattacks in armed conflicts
Commenced in January 2007
Frequency: Monthly
Edition: International
Paper Count: 20578

Search results for: case studies of cyberattacks in armed conflicts

20518 A Review on the Impact of Institutional Setting on Land Use Conflicts in Coastal Areas

Authors: Roni Susman, Thomas Weith

Abstract:

This article explores how institutional setting, mainly from institutionalism, could clearly explain the understanding of land use conflict analysis in coastal areas and has been used in current practices. Institutional setting appears as a guideline that is committed by the stakeholders who are involved directly or indirectly in land management process. This paper is aimed to identify the setting of institutional and to measure how the conflicts occur, how the actors act and influence the process, how is the condition to apply the appropriate framework for adequate solution of land use conflict in coastal area in order to enhance better decisions. To reflect the current practice and use of theories a qualitative review of 150 scientific peer-reviewed papers regarding the issue of land use conflicts in coastal areas as well as institutional process is included. The selection of peer-reviewed papers is obtained through a structured literature survey of the recently published database in a way to investigate the variances of institutional between theory and practices specifically in the case of coastal land management.

Keywords: coastal areas, institutional settings, land use conflict, land governance, actors’ constellation, analytical framework

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20517 Maintaining a Motivated Workforce in the Malaysian Armed Forces

Authors: Gerard Lawrence

Abstract:

This paper gives an in-depth discussion on Motivation in the Malaysian Armed Forces; highlighting it as a powerful and important tool upon which the well-being of an entire (or any) organization rests. It starts with the literal definition of the word and then the psychological aspects of it detailing the intricate mechanics and fundamentals in order to accurately and systematically harness it to create a motivated workforce. It then describes the types of motivation; positive and negative, its many facets and manifestation, clearly identifying each one point by point as well as drawing examples. The paper also deals with certain controversial practices like favoritism; nepotism and provides examples of military motivation both in historic and contemporary context. It strips the current system (and its flaws) to build, nurture and maintain motivation in the future. It shows how “past practice” may not necessarily be “best practice”, by providing the building blocks necessary to move forward and cautions on the inter-relation and differences between morale and motivation. As a conclusion the paper coins a theory of working in shifts for the military and urges careful research and planning as to IF this can raise if not maintain motivation in the new era.

Keywords: armed forces, Malaysia, motivation, military psychology

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20516 An Alternative to Resolve Land use Conflicts: the Rétköz Lake Project

Authors: Balázs Kulcsár

Abstract:

Today, there is no part of the world that does not bear the mark of man in some way. This process seems unstoppable. So perhaps the best thing we can do is to touch that handprint gently and with the utmost care. There are multiple uses for the same piece of land, the coordination of which requires careful and sustainable spatial planning. The case study of the Rétközlake in north-eastern Hungary illustrates a habitat rehabilitation project in which a number of human uses were coordinated with the conservation and restoration of the natural environment. Today, the good condition of the habitat can only be maintained artificially, but the project has paid particular attention to finding a sustainable solution. The rehabilitation of Lake Rétköz is considered good practice in resolving land-use conflicts.

Keywords: sustainability, ecosystem service, land use conflict, landscape utilization

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20515 Modeling of Traffic Turning Movement

Authors: Michael Tilahun Mulugeta

Abstract:

Pedestrians are the most vulnerable road users as they are more exposed to the risk of collusion. Pedestrian safety at road intersections still remains the most vital and yet unsolved issue in Addis Ababa, Ethiopia. One of the critical points in pedestrian safety is the occurrence of conflict between turning vehicle and pedestrians at un-signalized intersection. However, a better understanding of the factors that affect the likelihood of the conflicts would help provide direction for countermeasures aimed at reducing the number of crashes. This paper has sorted to explore a model to describe the relation between traffic conflicts and influencing factors using Multiple Linear regression methodology. In this research the main focus is to study the interaction of turning (left & right) vehicle with pedestrian at unsignalized intersections. The specific objectives also to determine factors that affect the number of potential conflicts and develop a model of potential conflict.

Keywords: potential, regression analysis, pedestrian, conflicts

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20514 Analysis and Design Modeling for Next Generation Network Intrusion Detection and Prevention System

Authors: Nareshkumar Harale, B. B. Meshram

Abstract:

The continued exponential growth of successful cyber intrusions against today’s businesses has made it abundantly clear that traditional perimeter security measures are no longer adequate and effective. We evolved the network trust architecture from trust-untrust to Zero-Trust, With Zero Trust, essential security capabilities are deployed in a way that provides policy enforcement and protection for all users, devices, applications, data resources, and the communications traffic between them, regardless of their location. Information exchange over the Internet, in spite of inclusion of advanced security controls, is always under innovative, inventive and prone to cyberattacks. TCP/IP protocol stack, the adapted standard for communication over network, suffers from inherent design vulnerabilities such as communication and session management protocols, routing protocols and security protocols are the major cause of major attacks. With the explosion of cyber security threats, such as viruses, worms, rootkits, malwares, Denial of Service attacks, accomplishing efficient and effective intrusion detection and prevention is become crucial and challenging too. In this paper, we propose a design and analysis model for next generation network intrusion detection and protection system as part of layered security strategy. The proposed system design provides intrusion detection for wide range of attacks with layered architecture and framework. The proposed network intrusion classification framework deals with cyberattacks on standard TCP/IP protocol, routing protocols and security protocols. It thereby forms the basis for detection of attack classes and applies signature based matching for known cyberattacks and data mining based machine learning approaches for unknown cyberattacks. Our proposed implemented software can effectively detect attacks even when malicious connections are hidden within normal events. The unsupervised learning algorithm applied to network audit data trails results in unknown intrusion detection. Association rule mining algorithms generate new rules from collected audit trail data resulting in increased intrusion prevention though integrated firewall systems. Intrusion response mechanisms can be initiated in real-time thereby minimizing the impact of network intrusions. Finally, we have shown that our approach can be validated and how the analysis results can be used for detecting and protection from the new network anomalies.

Keywords: network intrusion detection, network intrusion prevention, association rule mining, system analysis and design

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20513 Cross-Cultural Conflict Management in Transnational Business Relationships: A Qualitative Study with Top Executives in Chinese, German and Middle Eastern Cases

Authors: Sandra Hartl, Meena Chavan

Abstract:

This paper presents the outcome of a four year Ph.D. research on cross-cultural conflict management in transnational business relationships. An important and complex problem about managing conflicts that arise across cultures in business relationships is investigated, and conflict resolution strategies are identified. This paper particularly focuses on transnational relationships within a Chinese, German and Middle Eastern framework. Unlike many papers on this issue which have been built on experiments with international MBA students, this research provides real-life cases of cross-cultural conflicts which are not easy to capture. Its uniqueness is underpinned as the real case data was gathered by interviewing top executives at management positions in large multinational corporations through a qualitative case study method approach. This paper makes a valuable contribution to the theory of cross-cultural conflicts, and despite the sensitivity, this research primarily presents real-time business data about breaches of contracts between two counterparties engaged in transnational operating organizations. The overarching aim of this research is to identify the degree of significance for the cultural factors and the communication factors embedded in cross-cultural business conflicts. It questions from a cultural perspective what factors lead to the conflicts in each of the cases, what the causes are and the role of culture in identifying effective strategies for resolving international disputes in an increasingly globalized business world. The results of 20 face to face interviews are outlined, which were conducted, recorded, transcribed and then analyzed using the NVIVO qualitative data analysis system. The outcomes make evident that the factors leading to conflicts are broadly organized under seven themes, which are communication, cultural difference, environmental issues, work structures, knowledge and skills, cultural anxiety and personal characteristics. When evaluating the causes of the conflict it is to notice that these are rather multidimensional. Irrespective of the conflict types (relationship or task-based conflict or due to individual personal differences), relationships are almost always an element of all conflicts. Cultural differences, which are a critical factor for conflicts, result from different cultures placing different levels of importance on relationships. Communication issues which are another cause of conflict also reflect different relationships styles favored by different cultures. In identifying effective strategies for solving cross-cultural business conflicts this research identifies that solutions need to consider the national cultures (country specific characteristics), organizational cultures and individual culture, of the persons engaged in the conflict and how these are interlinked to each other. Outcomes identify practical dispute resolution strategies to resolve cross-cultural business conflicts in reference to communication, empathy and training to improve cultural understanding and cultural competence, through the use of mediation. To conclude, the findings of this research will not only add value to academic knowledge of cross-cultural conflict management across transnational businesses but will also add value to numerous cross-border business relationships worldwide. Above all it identifies the influence of cultures and communication and cross-cultural competence in reducing cross-cultural business conflicts in transnational business.

Keywords: business conflict, conflict management, cross-cultural communication, dispute resolution

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20512 Hydrological Benefits Sharing Concepts in Constructing Friendship Dams on Transboundary Tigris River Between Iraq and Turkey

Authors: Thair Mahmood Altaiee

Abstract:

Because of the increasing population and the growing water requirements from the transboundary water resources within riparian countries in addition to un-proper management of these transboundary water resources, it is likely that a conflicts on the water will be occurred. So it is mandatory to search solutions to mitigate the action and probabilities of these undesired conflicts. One of the solutions for these crises may be sharing the riparian countries in the management of their transboundary water resources and share benefit. Effective cooperation on a transboundary river is any action by the riparian countries that lead to improve management of the river to their mutual acceptance. In principle, friendship dams constructed by riparian countries may play an important role in preventing conflicts like the Turkish-Syrian friendship dam on Asi river (Orontes), Iranian-Tukmenistan dam on Hariroud river, Bulgarian-Turkish dam on Tundzha river, Brazil-Paraguay dam on Parana river, and Aras dam between Iran and Azerbaijan. The objective of this study is to focus the light on the hydrological aspects of cooperation in constructing dams on the transboundary rivers, which may consider an option to prevent conflicts on water between the riparian countries. The various kinds of benefits and external impacts associated with cooperation in dams construction on the transboundary rivers with a real examples will be presented and analyzed. The hydrological benefit sharing from cooperation in dams construction, which type of benefit sharing mechanisms are applicable to dams, and how they vary were discussed. The study considered the cooperative applicability to dams on shared rivers according to selected case study of friendship dams in the world to illustrate the relevance of the cooperation concepts and the feasibility of such propose cooperation between Turkey and Iraq within the Tigris river. It is found that the opportunities of getting benefit from cooperation depend mainly on the hydrological boundary and location of the dam in relation to them. The desire to cooperate on dams construction on transboundary rivers exists if the location of a dam upstream will increase aggregate net benefits. The case studies show that various benefit sharing mechanisms due to cooperation in constructing friendship dams on the riparian countries border are possible for example when the downstream state (Iraq) convinces the upstream state (Turkey) to share building a dam on Tigris river across the Iraqi –Turkish border covering the cost and sharing the net benefit derived from this dam. These initial findings may provide guidance for riparian states engaged in and donors facilitating negotiation on dam projects on transboundary rivers.

Keywords: friendship dams, transboundary rivers, water cooperation, benefit sharing

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20511 Negotiated Peace in Africa: A Case Study on the Pretoria Peace Deal between Federal Democratic Republic of Ethiopia and Tigray Peoples Liberation Front

Authors: Daniel Gidey, Kunwar Siddarth Dadhwal, Tagel Wondimu

Abstract:

There are numerous ways for ending conflict; hitherto, most conflicts are resolved either through negotiated or victor's peace, this article is about the former. Negotiations entail concessions, consensus-building, and mutual trust in order to transform a belligerent situation into a settlement. In such a context, regional and sub-regional organizations play a critical role in mediating conflicting parties so as to prevent, manage, and resolve conflicts between and among conflicting parties. This article is about the AU-led negotiated peace deal on the bloody conflict between the Tigray Peoples Liberation Front (TPLF) and the Federal Democratic Republic of Ethiopia (FDRE) by undertaking the Pretoria Peace Accord as a case study. In terms of research method, the article is based on a critical evaluation of the literature and content analysis on the very research topic. Findings of the study revealed that the AU, through Olusegun Obasanjo and other dignitaries, played a critical role in nurturing compromise and mutual trust between the TPLF and the Ethiopian federal government so as to take along the Pretoria peace deal. Through critical literature review and content analysis of the Peace deal, the article has concluded that negotiated peace is likely, at least, to achieve negative peace.

Keywords: regional organizations, peace promotion, African Union, negotiating conflicts, Northern Ethiopia, conflict resolution

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20510 The Management of Company Directors Conflicts of Interest in Large Corporations and the Issue of Public Interest

Authors: Opemiposi Adegbulu

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The research investigates the existence of a public interest consideration or rationale for the management of directors’ conflicts of interest within large public corporations. This is conducted through extensive literature review and theories on the definition of conflicts of interest, the firm and purposes of the fiduciary duty of loyalty under which the management of these conflicts of interest find their foundation. Conflicts of interest is an elusive, diverse and engaging subject, a cross-cutting problem of governance which involves all levels of governance, ranging from local to global, public to corporate or financial sectors. It is a common issue that affects corporate governance and corporate culture, having a negative impact on the reputation of corporations and their trustworthiness. It is clear that addressing this issue is imperative for good governance of corporations as they are increasingly becoming and are powerful global economies with significant power and influence in the society. Similarly, the bargaining power of these powerful corporations has been recognised by international organisations such as the UN and the OECD. This is made evident by the increasing calls and push for greater responsibility of these corporations for environmental and social disasters caused by their corporate activities and their impact in various parts of the world. Equally, in the US, the Sarbanes-Oxley Act like other legislation and regulatory efforts made to manage conflicts of interest linked to corporate governance, in many countries indicates that there is a (global) public interest in the maintenance of the orderly functioning of commerce. Consequently, the governance of these corporations is tremendously pivotal to the society as it touches upon a key aspect of the good functioning of society. This is because corporations, particularly large international corporations can be said to be the plumbing of the global economy. This study will employ theoretical, doctrinal and comparative methods. The research will make use largely of theory-guided methodology and theoretical framework – theories of the firm, public interest, regulation, conflicts of interest in general, directors’ conflicts of interest and corporate governance. Although, the research is intended to be narrowed down to the topic of conflicts of interest in corporate governance, the subject of company directors’ duty of loyalty and the management of conflicts of interest, an examination of the history, origin and typology of conflicts of interest in general will be carried out in order to identify some specific challenges to understanding and identifying these conflicts of interest; origin, diverging theories, psychological barrier to definition, similarities with public sector conflicts of interest due to the notions of corrosion of trust, the effect on decision-making and judgment, “being in a particular kind of situation”, etc. The result of this research will be useful and relevant in the identification of the rationale for the management of directors’ conflicts of interest, contributing to the understanding of conflicts of interest in the private sector and the significance of public interest in corporate governance of large corporations.

Keywords: conflicts of interest, corporate governance, corporate law, directors duty of loyalty, public interest

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20509 Measures for Conflict Management in Nigerian Higher Institutions

Authors: Oyelade Oluwatoyin

Abstract:

The phenomenon of crises in educational sector in Nigeria has reached its peak in the 21st century. Thus, this paper examines the strategies that can be used in managing the conflict situation in Nigeria Higher Institution of learning. The causes of conflicts such as inadequate funding, insufficient school facilities, poor working condition, poor enrolment, proliferation of higher institutions and unfavourable administrative decision are the major detriment of law and order i.e. strike action, destruction of property and programmes coupled with the student unrest. This write-up will make use of the available information and with the aim of adding value to existing knowledge. It was recommend that steps should be taken by policy maker to prevent scourge of conflicts in tertiary institutions in Nigeria

Keywords: conflicts, higher institutions, management, measures

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20508 Ethno-Religious Conflicts In Nigeria; Implications for National Security

Authors: Samuel Onyekachi Chidi

Abstract:

Nigeria today faces more internal threats stemming from ethnic and religious conflicts than external sources. This article seeks to examine the ethno-religious conflicts in Nigeria from 2015 to 2021 and their impact on national security. The research was guided by six objectives. The theoretical framework adopted for this study is Structural Conflict Theory, which provides an adequate explanation, a predictive rationale for the frequent occurrence of ethno-religious conflicts and a tendency to provide the necessary insight for their resolution. The results of the study revealed that there is a strong relationship between ethnicity, religion, conflict and national security and that the ethno-religious conflicts experienced in Nigeria have gross implications for national security. The study recommends that the secularity of the Nigerian state be restored and preserved and that the state of origin be removed and replaced by the state of residence in all our national documents, as this will reduce ethnic identity, which is in opposition to nationalism. Religious leaders, traditional rulers, the media and other stakeholders should support the government in its fight to reduce ethno-religious conflict by sensitizing its youth, preaching unity and peaceful coexistence, and discouraging the use of violence as a means of settling disputes between groups and individuals.

Keywords: ethnicity, religion, conflict, national security

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20507 The Ethio-Eritrea Claims Commission on Use of Force: Issue of Self-Defense or Violation of Sovereignty

Authors: Isaias Teklia Berhe

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A decision that deals with international disputes, be it arbitral or judicial, has to properly reflect objectivity and coherence with existing rules of international law. This paper shows the decision of the Ethio-Eritrea Claims Commission on the jus ad bellum case is bereft of objectivity and coherence, which contributed a disservice to international law on many aspects. The Commission’s decision that holds Eritrea in contravention to Art 2(4) of the UN Charter based on Ethiopia’s contention is flawed. It fails to consider: the illegitimacy of an actual authority established over contested territory through hostile acts, the proper determination of effectivites under international law, the sanctity of colonially determined boundaries, Ethiopia’s prior firm political recognition and undergirds to respect colonial boundary, and Ethio-Eritrea Border Commission’s decision. The paper will also argue that the Commission confused Eritrea’s right of self-defense with the rule against the non-use of force to settle territorial disputes; wherefore its decision sanitizes or sterilizes unlawful change of territory resulted through unlawful use of force to the effect of advantaging aggressions. The paper likewise argues that the decision is so sacrilegious that it disregards the ossified legal finality of colonial boundaries. Moreover, its approach toward armed attack does not reflect the peculiarity of the jus ad bellum case rather it brings about definitional uncertainties and sustains the perception that the law on self-defense is unsettled.

Keywords: armed attack, Eritrea, Ethiopia, self-defense, territorial integrity, use of force

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20506 Circular Polarized and Surface Compatible Microstrip Array Antenna Design for Image and Telemetric Data Transfer in UAV and Armed UAV Systems

Authors: Kübra Taşkıran, Bahattin Türetken

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In this paper, a microstrip array antenna with circular polarization at 2.4 GHz frequency has been designed using the in order to provide image and telemetric data transmission in Unmanned Aerial Vehicle and Armed Unmanned Aerial Vehicle Systems. In addition to the antenna design, the power divider design was made and the antennas were fed in phase. As a result of the analysis, it was observed that the antenna operates at a frequency of 2.4016 GHz with 12.2 dBi directing gain. In addition, this designed array antenna was transformed into a form compatible with the rocket surface used in A-UAV Systems, and analyzes were made. As a result of these analyzes, it has been observed that the antenna operates on the surface of the missile at a frequency of 2.372 GHz with a directivity gain of 10.2 dBi.

Keywords: cicrostrip array antenna, circular polarization, 2.4 GHz, image and telemetric data, transmission, surface compatible, UAV and armed UAV

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20505 The Effects of Cross-Border Use of Drones in Nigerian National Security

Authors: H. P. Kerry

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Drone technology has become a significant discourse in a nation’s national security, while this technology could constitute a danger to national security on the one hand, on the other hand, it is used in developed and developing countries for border security, and in some cases, for protection of security agents and migrants. In the case of Nigeria, drones are used by the military to monitor and tighten security around the borders. However, terrorist groups have devised a means to utilize the technology to their advantage. Therefore, the potential danger in the widespread proliferation of this technology has become a myriad of risks. The research on the effects of cross-border use of drones in Nigerian national security looks at the negative and positive consequences of using drone technology. The study employs the use of interviews and relevant documents to obtain data while the study applied the Just War theory to justify the reason why countries use force; it further buttresses the points with what the realist theory thinks about the use of force. In conclusion, the paper recommends that the Nigerian government through the National Assembly should pass a bill for the establishment of a law that will guide the use of armed and unarmed drones in Nigeria enforced by the Nigeria Civil Aviation Authority and the office of the National Security Adviser.

Keywords: armed drones, drones, cross-border, national security

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20504 Documentary Filmmaking as Activism: Case Studies in Advocacy and Social Justice

Authors: Babatunde Kolawole

Abstract:

This paper embarks on an exploration of the compelling interplay between documentary filmmaking and activism, delving into their symbiotic relationship and profound impact on advocacy and social justice causes. Through an in-depth analysis of diverse case studies, it seeks to illuminate the instances where documentary films have emerged as potent tools for effecting social change and advancing the principles of justice. This research underscores the vital role played by documentary filmmakers in harnessing the medium's unique capacity to engage, educate, and mobilize audiences while advocating for societal transformation. The primary focus of this study is on a selection of compelling case studies spanning various topics and causes, each exemplifying the marriage between documentary filmmaking and activism. These case studies encompass a broad spectrum of subjects, from environmental conservation and climate change to civil rights movements and human rights struggles. By examining these real-world instances, this paper endeavors to provide a comprehensive understanding of the strategies, challenges, and ethical considerations that underpin the practice of documentary filmmaking as a form of activism. Throughout the paper, it becomes evident that the potency of documentary filmmaking lies in its ability to blend artistry with social impact. The selected case studies vividly demonstrate how documentary filmmakers, armed with cameras and a passion for change, have emerged as critical agents of societal transformation. Whether it be exposing environmental atrocities, shedding light on systemic inequalities, or giving voice to marginalized communities, these documentaries have played a pivotal role in pushing the boundaries of advocacy and social justice. One of the key themes explored in this paper is the evolving nature of documentary filmmaking as a tool for activism. It delves into the shift from traditional observational documentaries to more participatory and immersive approaches, highlighting the dynamic ways in which filmmakers engage with their subjects and audiences. This evolution is exemplified in case studies where filmmakers have collaborated with the communities they document, fostering a sense of agency and empowerment among those whose stories are being told. Furthermore, this research underscores the ethical considerations inherent in the intersection of documentary filmmaking and activism. It scrutinizes questions surrounding representation, objectivity, and the responsibility of filmmakers in portraying complex social issues. By dissecting ethical dilemmas faced by documentary filmmakers in these case studies, this paper encourages a critical examination of the ethical boundaries and obligations in the realm of advocacy-driven filmmaking. In conclusion, this paper aims to shed light on the remarkable potential of documentary filmmaking as a catalyst for activism and social justice. Through the lens of compelling case studies, it illustrates the transformative power of the medium in effecting change, amplifying underrepresented voices, and mobilizing global audiences. It is hoped that this research will not only inform the discourse on documentary activism but also inspire filmmakers, scholars, and advocates to continue leveraging the cinematic art form as a formidable force for a more just and equitable world.

Keywords: film, filmmaker, documentary, human right

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20503 Identity and Ethnic Conflicts in Afghanistan: Diversity as a Cultural Treasure

Authors: Morteza Azimi

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In Afghanistan, as a multi-ethnic country, there have been ethnic conflicts, especially after 2001. These conflicts are more visible among the four main ethnicities Pashtun, Tajik, Hazara, and Uzbek. In this paper, such ethnic conflicts and their roles in the political sphere will be discussed. The distribution of personal electronic ID cards, for example, has been one of the most controversial and unsuccessful projects in Afghanistan. As a result, the lack of clear population statistics has led to several corrupted and unsuccessful presidential elections since 2001. The nation-building process in post-Taliban Afghanistan, as well as the Afghan government’s failure to build a nation, are discussed. By referring to the hybridity theory of Homi Bhabha, it is argued that the process of assimilation for nation-building has not only failed but has deepened ethnic divisions. In the end, some suggestions and solutions for making the most out of ethnic diversity rather than suffering from it will be provided. It will be argued that diversity or difference improves the freedom of choices for groups and individuals; it boosts agency in comparison with life in an assimilated, coherent, and homogeneous society.

Keywords: Afghan identity, ethnicity, nation-building, political system, self and other

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20502 Augmented Reality Aplications for Armed Forces

Authors: Murat Sözen

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It is not at all difficult to estimate which level today’s technology reaches considering that humankinds space-faring in early 1950s. Technology is a means to help achieve goals and people can produce systems on their physical and mental abilities. Needed and used as tools in all areas of life and became a necessity and dependency, technology, widely used in the military field. To be a revolutionary change in the military matters, opportunities offered by technology should be put into practice. Tech makes weapons, sensors, platforms and soldiers carrying them more effective. To increase this efficiency in the battlefield defense industry is seeking every advantage of technology. In this study, the applicability of existing and on-going augmented reality applications for Armed Forces will be evaluated.

Keywords: augmented reality, battlefield, military, virtual reality

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20501 Resolving Conflicts of Constitutional Nature: Inside the Romanian Constitutional Court's Rulings on the Role and Competencies of the Public Authorities

Authors: Marieta Safta

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The separation and balance of state powers constitute the basis of the rule of law. Observance of this principle requires framing of public authorities within the limits of competence established by the Constitution and the law, as well as loyal cooperation between them. From this perspective, the attribution of the constitutional courts for settling legal conflicts of a constitutional nature is an important tool for correcting the tendencies of violation of these limits, as well as for identifying solutions for situations that do not find an explicit regulation in the constitutional texts. The present study analyzes the jurisprudence of the Constitutional Court of Romania in the field of legal conflicts of a constitutional nature, revealing, together with the presentation of conflict situations, the vulnerabilities of the constitutional reference texts. It is also highlighted the role of the constitutional courts in the evolution of constitutional law institutions, even in terms of defining and redefining the regime of the forms of government. The conclusion of the study, beyond the subject of legal conflicts of a constitutional nature, bears on the necessity, even more so in this matter, of the certainty of jurisdictional interpretation. This certainty cannot be achieved as long as the interpretation is not authoritative; consequently, the assurance of the effectiveness of constitutional justice constitute a key issue of the rule of law.

Keywords: legal conflicts of constitutional nature, the Constitutional Court of Romania, the separation and balance of powers in the state, the effectiveness of constitutional justice

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20500 Armed Forces Special Powers Act and Human Rights in Nagaland

Authors: Khrukulu Khusoh

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The strategies and tactics used by governments throughout the world to counter terrorism and insurgency over the past few decades include the declaration of states of siege or martial law, enactment of anti-terrorist legislation and strengthening of judicial powers. Some of these measures taken have been more successful than the other, but some have proved counterproductive, alienating the public from the authorities and further polarizing an already fractured political environment. Such cases of alienation and polarization can be seen in the northeastern states of India. The Armed Forces (Special Powers) Act which was introduced to curb insurgency in the remote jungles of the far-flung areas has remained a telling tale of agony in the north east India. Grievous trauma to humans through encounter killings, custodial deaths, unwarranted torture, exploitation of women and children in several ways have been reported in Nagaland, Manipur and other northeastern states where the Indian army has been exercising powers under the Armed Forces (Special Powers) Act. While terrorism and the insurgency are destructive of human rights, counter-terrorism does not necessarily restore and safeguard human rights. This special law has not proven effective particularly in dealing with terrorism and insurgency. The insurgency has persisted in the state of Nagaland even after sixty years notwithstanding the presence of a good number of special laws. There is a need to fight elements that threaten the security of a nation, but the methods chosen should be measured, otherwise the fight is lost. There has been no review on the effectiveness or failure of the act to realize its intended purpose. Nor was there any attempt on the part of the state to critically look at the violation of rights of innocent citizens by the state agencies. The Indian state keeps enacting laws, but none of these could be effectively applied as there was the absence of clarity of purpose. Therefore, every new law which has been enacted time and again to deal with security threats failed to bring any solution for the last six decades. The Indian state resorts to measures which are actually not giving anything in terms of strategic benefits but are short-term victories that might result in long-term tragedies. Therefore, right thinking citizens and human rights activists across the country feel that introduction of Armed Forces (Special Powers) Act was as much violation of human rights and its continuation is undesirable. What worried everyone is the arbitrary use, or rather misuse of power by the Indian armed forces particularly against the weaker sections of the society, including women. After having being subjected to indiscriminate abuse of that law, people of the north-east India have been demanding its revocation for a long time. The present paper attempts to critically examine the violation of human rights under Armed Forces (Special Powers) Act. It also attempts to bring out the impact of Armed Forces (Special Powers) Act on the Naga people.

Keywords: armed forces, insurgency, special laws, violence

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20499 The Role of Businesses in Peacebuilding in Nigeria: A Stakeholder Approach

Authors: Jamila Mohammed Makarfi, Yontem Sonmez

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Developing countries like Nigeria have recently been affected by conflicts characterized by violence, high levels of risk and insecurity, resulting in loss of lives, livelihoods, displacement of communities, degradation of health, educational and social infrastructure as well as economic underdevelopment. The Nigerian government’s response to most of these conflicts has mainly been reactionary in the form of military deployments, as against precautionary to prevent or address the root causes of the conflicts. Several studies have shown that at various points of a conflict, conflict regions can benefit from the resources and expertise available outside the government, mainly from the private sector through mechanisms such as corporate social responsibility (CSR) by businesses. The main aim of this study is to examine the role of businesses in peacebuilding in Northern Nigeria through CSR in the last decade. The expected contributions from this will answer research questions, such as the key business motivations to engage in peacebuilding, as well as the degree of influence exerted from various stakeholder groups on the business decision to engage. The methodology of the study adopts a multiple case study of over 120 businesses of various sizes, ranging from small, medium and large-scale. A mixed method enabled the collection of quantitative and qualitative primary data to augment the secondary data. The results indicated that the most important business motivations to engage in peacebuilding were the negative effects of the conflict on economic stability, as well as stakeholder-driven motives. On the other hand, out of the 12 identified stakeholders, micro-, small- and medium-scale enterprises (MSMEs) considered the chief executive officer’s interest to be the most important factor, while large companies rated the government and community pressure as the highest. Overall, the foreign stakeholders scored low on the influence chart for all business types.

Keywords: conflict, corporate social responsibility, peacebuilding, stakeholder

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20498 The Feasibility of Ratification of the United Nation Convention on Contracts for International Sale of Goods by Islamic Countries, Saudi Arabia as a Case

Authors: Ibrahim M. Alwehaibi

Abstract:

Recently the windows of globalization weirdly open, which increase the trade between the Western countries and Muslim nations. Sales of goods contracts are one of the most common business transaction in the world. This commercial exchange has faced many obstacles. One of the most concerned obstacles is the conflicts between laws. Thus, United Nation created a Convention on Contracts for the International Sale of Goods (CISG). Some of Islamic countries have ratified the CISG, while other Islamic countries have concerns about the feasibility of ratification of the CISG, and many businessmen have a concern of application of the convention. The concerns related to the conflict between CISG and Sharia, and the long debate about the success, ambiguity, and stability of the CISG. Therefore, this research will examine the feasibility of Muslim countries and Muslim businessmen to adopt the CISG by following steps: First, this research will introduce sharia Law (Islamic contracts law) and CISG and provide backgrounds of both laws. Second, this research will compare the provisions of CISG and Sharia and figuring out the conflicts and provide possible solutions for the conflicts. Third, this study will examine the advantages and disadvantages of adopting the CISG and examining the success of the CISG. Fourth, this study will explore the current situation in Islamic countries by taking Saudi Arabia as a case and explore how the application of Sharia law works and the possibility to enforce the CISG and explore the current practice of foreign Sales in Saudi Arabia. The research finds that there are some conflicts between CISG and Sharia Law. The most notable conflicts are interest and uncertainty in considerations. Also, this research finds that it seems that ratification of CISG is not beneficial for Muslim countries because the convention has not reached its goal which is uniformity of laws. Moreover, the CISG has been excluded and ignored by businessmen and some courts. Additionally, this research finds that it could be possible to enforce CISG in Saudi Arabia, provided that no conflict between the enforced provision and Sharia Law. This study is following the competitive and analysis methodologies to reach its findings. The researcher analyzes the provision of CISG and compares them with Sharia rules and finds the conflicts and compatibilities. In fact, CISG has 101 articles, so a comprehensive comparison of all articles in CISG with Sharia is difficult. Thus, in order to deeply analyze all aspects of this issue, this study will exclude some areas of contract which have been discussed by other researchers such as deliver of goods, conformity, and mirror image rules. The comparative section of this study will focus on the most concerned articles that conflict or doubtful of conflict with Sharia, which are interest, uncertainty, statute of limitation, specific performance, and pass of risk.

Keywords: Sharia, CISG, Contracts for International Sale of Goods, contracts, sale of goods, Saudi Arabia

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20497 Creative Resolutions to Intercultural Conflicts: The Joint Effects of International Experience and Cultural Intelligence

Authors: Thomas Rockstuhl, Soon Ang, Kok Yee Ng, Linn Van Dyne

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Intercultural interactions are often challenging and fraught with conflicts. To shed light on how to interact effectively across cultures, academics and practitioners alike have advanced a plethora of intercultural competence models. However, the majority of this work has emphasized distal outcomes, such as job performance and cultural adjustment, rather than proximal outcomes, such as how individuals resolve inevitable intercultural conflicts. As a consequence, the processes by which individuals negotiate challenging intercultural conflicts are not well understood. The current study advances theorizing on intercultural conflict resolution by exploring antecedents of how people resolve intercultural conflicts. To this end, we examine creativity – the generation of novel and useful ideas – in the context of resolving cultural conflicts in intercultural interactions. Based on the dual-identity theory of creativity, we propose that individuals with greater international experience will display greater creativity and that the relationship is accentuated by individual’s cultural intelligence. Two studies test these hypotheses. The first study comprises 84 senior university students, drawn from an international organizational behavior course. The second study replicates findings from the first study in a sample of 89 executives from eleven countries. Participants in both studies provided protocols of their strategies for resolving two intercultural conflicts, as depicted in two multimedia-vignettes of challenging intercultural work-related interactions. Two research assistants, trained in intercultural management but blind to the study hypotheses, coded all strategies for their novelty and usefulness following scoring procedures for creativity tasks. Participants also completed online surveys of demographic background information, including their international experience, and cultural intelligence. Hierarchical linear modeling showed that surprisingly, while international experience is positively associated with usefulness, it is unrelated to novelty. Further, a person’s cultural intelligence strengthens the positive effect of international experience on usefulness and mitigates the effect of international experience on novelty. Theoretically, our findings offer an important theoretical extension to the dual-identity theory of creativity by identifying cultural intelligence as an important individual difference moderator that qualifies the relationship between international experience and creative conflict resolution. In terms of novelty, individuals higher in cultural intelligence seem less susceptible to rigidity effects of international experiences. Perhaps they are more capable of assessing which aspects of culture are relevant and apply relevant experiences when they brainstorm novel ideas. For utility, individuals high in cultural intelligence are better able to leverage on their international experience to assess the viability of their ideas because their richer and more organized cultural knowledge structure allows them to assess possible options more efficiently and accurately. In sum, our findings suggest that cultural intelligence is an important and promising intercultural competence that fosters creative resolutions to intercultural conflicts. We hope that our findings stimulate future research on creativity and conflict resolution in intercultural contexts.

Keywords: cultural Intelligence, intercultural conflict, intercultural creativity, international experience

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20496 From Restraint to Obligation: The Protection of the Environment in Times of Armed Conflict

Authors: Aaron Walayat

Abstract:

Protection of the environment in international law has been one of the most developed in the context of international humanitarian law. This paper examines the history of the protection of the environment in times of armed conflict, beginning with the traditional notion of restraint observed in antiquity towards the obligation to protect the environment, examining the treaties and agreements, both binding and non-binding which have contributed to environmental protection in war. The paper begins with a discussion of the ancient concept of restraint. This section examines the social norms in favor of protection of the environment as observed in the Bible, Greco-Roman mythology, and even more contemporary literature. The study of the traditional rejection of total war establishes the social foundation on which the current legal regime has stemmed. The paper then studies the principle of restraint as codified in international humanitarian law. It mainly examines Additional Protocol I of the Geneva Convention of 1949 and existing international law concerning civilian objects and the principles of international humanitarian law in the classification between civilian objects and military objectives. The paper then explores the environment’s classification as both a military objective and as a civilian object as well as explores arguments in favor of the classification of the whole environment as a civilian object. The paper will then discuss the current legal regime surrounding the protection of the environment, discussing some declarations and conventions including the 1868 Declaration of St. Petersburg, the 1907 Hague Convention No. IV, the Geneva Conventions, and the 1976 Environmental Modification Convention. The paper concludes with the outline noting the movement from codification of the principles of restraint into the various treaties, agreements, and declarations of the current regime of international humanitarian law. This paper provides an analysis of the history and significance of the relationship between international humanitarian law as a major contributor to the growing field of international environmental law.

Keywords: armed conflict, environment, legal regime, restraint

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20495 Migrating Words and Voices in Joseph O’Neill’s Netherland and The Dog

Authors: Masami Usui

Abstract:

The 21th century has already witnessed the rapid globalization of catastrophes caused by layered political, social, religious, cultural, and environmental conflicts. The post 9/11 literature that reflects these characteristics retells the experiences of those who are, whether directly or indirectly, involved in the globalized catastrophes of enlarging and endangering their boundaries and consequences. With an Irish-Turkish origin, a Dutch and British educational background, and as an American green-card holder, Joseph O’Neill challenges this changing circumstances of the expanding crisis. In his controversial novel, Netherland (2008), O’Neill embodies the deeply-rooted compromises, the transplanted conflicts, and human internalized crisis in post 9/11 New York City. O’Neill presents to us the transition between Netherland to New York with a post-colonial perspective. This internalized conflicts are revised in The Dog (2014) in which a newly-constructing and expanding global city of gold, Dubai, represents the transitional location from New York City. Through these two novels, words and voices are migrating beyond cultural and political boundaries and discussing what a collective mind embodies in this globalized society.  

Keywords: American literature, global literature, cultural studies, political science

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20494 The Construction of Women’s Leadership in the Swedish Armed Forces in the Context of the Women, Peace and Security Agenda

Authors: Sofia Sutera

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Despite the introduction of the Women, Peace, and Security (WPS) Agenda in 2000, thanks to the UNSCR 1325 and subsequent resolutions, and the clear stance of the UN towards the support of increased participation of women in peace and security processes, women’s leadership in this context remains very low. Considering specifically the framework of peacekeeping operations, the aim of this paper is to analyze the way women’s leadership is constructed in the Swedish Armed Forces (SAF). In the context of the WPS Agenda, Sweden has been chosen as a case study because of the relevance of its singular feminist policies (the statement in 2014 from Wallström, previous and current Minister for Foreign Affairs and Deputy Prime Minister, that Sweden is pursuing a feminist foreign policy is a clear example). Moreover, the SAF adopted in 2016 the Handbok Gender. This policy addresses explicitly the gender perspective embraced by the Swedish military institution, a sui-generis organization even in the Scandinavian reality. Indeed, the SAF has assumed a clear commitment to represent its institution as gender aware and gender equal. The theoretical perspective utilized in this research, which focuses specifically on women, is feminism and particularly a feminist constructivist approach, with an institutional focus on the military institution, has been chosen. Taking into account the specificity of the feminist research, the above-mentioned gender policy has been examined by means of a critical discourse analysis (CDA) whose main aim is to investigate the social structures of discourse and the power relationships inherent to it. Thus, CDA appears to be quite relevant in order to understand the construction of women’s leadership in the Handbok Gender. Nevertheless, even in a country which officially identifies as feminist and which is characterized by a peculiar military institution, the conclusions of this analysis revealed that women’s leadership in peacekeeping operations remains very low.

Keywords: feminism, peacekeeping operations, swedish armed forces, UNSCR 1325, women's leadership, WPS agenda

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20493 Qualitative Case Study Research in Accounting: Challenges and Prospects the Libyan Case Study

Authors: Bubaker F. Shareia

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Much of the literature on research design has focussed on research conducted in developed, uni-cultural or primarily English speaking countries. Studies of qualitative case study research, the challenges and prospects have been embedded in Western/Euro-centric society and social theories. Although there have been some theoretical studies, few empirical studies have been conducted to explore the nature of the challenges of qualitative case study in developing countries. These challenges include accessibility to organizations, conducting interviews in developing countries, accessing documents and observing official meetings, language and cultural challenges, the use of consent forms, issues affecting access to companies, respondent issues and data analysis. The author, while conducting qualitative case study research in Libya, faced all these issues. The discussion in this paper examines these issues in order to make a contribution toward the literature in this area.

Keywords: accounting, challenges, prospects, developing countries, Libya, qualitative case study

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20492 A Study of Lean Principles Implementation in the Libyan Healthcare and Industry Sectors

Authors: Nasser M. Amaitik, Ngwan F. Elsagzli

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The Lean technique is very important in the service and industrial fields. It is defined as an effective tool to eliminate the wastes. In lean the wastes are defined as anything which does not add value to the end product. There are wastes that can be avoided, but some are unavoidable to many reasons. The present study aims to apply the principles of lean in two different sectors, healthcare, and industry. Two case studies have been selected to apply the experimental work. The first case was Al-Jalaa Hospital while the second case study was the Technical Company of Aluminum Sections in Benghazi, Libya. In both case studies the Value Stream Map (VSM) of the current state has been constructed. The proposed plans have been implemented by merging or eliminating procedures or processes. The results obtained from both case studies showed improvement in capacity, idle time and utilized time.

Keywords: healthcare service delivery, idle time, lean principles, utilized time, value stream mapping, wastes

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20491 Leadership, Resource Based Conflicts and Its Resolution Practices among the Pastoral Groups in Eastern Ethiopia

Authors: Bamlaku Tadesse Mengistu

Abstract:

Resource-based inter-ethnic conflicts are common in eastern Ethiopia among the Afar, Ittu-Oromo, and Issa-Somali pastoral groups. The qualitative data required for the study were collected from community leaders, ordinary members of the communities, and administrative and political bodies at various levels through one-on-one interviews, focus group discussions and field observations. The quantitative data were also collected through a household survey from the 128 households drawn from the three districts of Meiso-Mullu, Meiso, and Amibara. This research tried to assess the triggering factors of inter-ethnic violent conflicts and tensions observed and other motivating factors that encourage the rival groups to instigate the recent conflicts. The research revealed some of the triggering factors that instigate violent conflicts among the rival groups such as the bad actions of conflict entrepreneurs/rent seekers, the incidence of plunder (banditry), the encroachment of farmers’ to pastoral lands/vice versa, the destruction of farmers’ crops by pastoralists’ livestock, and among others. The roles of conflict entrepreneurs such as low and medium level administrators/leaders, illicit arms traffickers, local level elites, and among others are very much significant in fueling up inter-ethnic conflicts and tensions. Leaders of various levels wrongly agitate the politicization of ethnicity and ethnic identity as well as regional boundaries as they are political boundaries rather than administrative boundaries.

Keywords: eastern ethiopia, resource competition, ethnic conflict, AFAR, ISSA and ITTU.

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20490 Radical Islam and Transnational Security: West Africa and the Asia Pacific in View

Authors: Olumide A. Fafore, Khondlo Mtshali

Abstract:

The beginning of the 21st century saw the emergence of new and global threats to national and transnational security in West Africa and the Asia Pacific regions as a result of the spread of jihadist terrorism across borders, a manifestation of the rise of radical Islam. Extremist and armed Islamic movements influenced by Salafism, the Jihad in Afghanistan and the Muslim Brotherhood are prevalent in Northern Nigeria, Niger, Cameroon, Mali, Chad, Pakistan, Afghanistan, and India. Carrying out attacks across borders, including assassinations, murders, armed robberies, and kidnapping, assisted by open and porous borders and large flow of illegal immigrants across borders. This paper examines the effect of Radical Islam on Transnational security through a review of past literature and the social and security consequences on the people of the regions. Our findings indicate that the activities of armed Islamic movements such as Boko Haram, Ansaru and Al-Qaeda are having a negative impact on the economy, development, and security of the states and people of West Africa and the Asia Pacific. It stresses the importance of regional, transnational and international cooperation, as these threats to national and transnational security can no longer be solved in a national or regional framework.

Keywords: Islamic movements, jihadist terrorism, radical Islam, transnational security

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20489 Sexual and Reproductive Rights After the Signing of the Peace Process: A Territorial Commitment

Authors: Rocio Murad, Juan Carlos Rivillas, Nury Alejandra Rodriguez, Daniela Roldán

Abstract:

In Colombia, around 5 million women have suffered forced displacement and all forms of gender-based violence, mostly adolescents and young women, single mothers, or widows with children affected by the war. After the signing of the peace agreements, the department of Antioquia has been one of the most affected by the armed conflict, from a territorial and gender perspective in the period. The objective of the research was to analyze the situation of sexual and reproductive rights in the department of Antioquia from a territorial and gender perspective in the period after the signing of the Peace Agreement. A mixed methodology was developed. The quantitative component conducted a cross-sectional descriptive study of barriers to access to contraceptive methods, safe abortion and gender-based violence based on microdata from the 2015 National Demographic and Health Survey. In the qualitative component, a case study was developed in Dabeiba, a municipality of Antioquia prioritized in order to deepen the experiences before, during and after the armed conflict in sexual and reproductive rights; using three research techniques: Focused observation, Semi-structured interviews, and Documentary review. The results showed that there is a gradient of greater vulnerability to greater effects of the conflict and that the subregion of Urabá Antioqueño, to which Dabeiba belongs, has the highest levels of vulnerability in relation to departmental data. In this subregion, the percentage of women with an unmet need for contraceptive methods (9%), women with unintended pregnancies (31%), of women between 15 and 19 years of age who are already mothers or are pregnant with their first child (32%) and the percentage of women victims of physical violence (42%) and sexual violence (13%) by their partners are significantly higher. Women, particularly rural and indigenous women, were doubly affected due to the existence of violence that is specifically directed at them or that has a greater impact on their life projects. There was evidence of insufficient, fragmented and disjointed social and institutional action in relation to women's rights and the existence of androcentric and patriarchal social imaginaries through which women and the feminine are undervalued. These results provide evidence of violations of sexual and reproductive rights in contexts of armed conflict and make it possible to identify mechanisms to guarantee the re-establishment of the rights of the victims, particularly women and girls. Among the mechanisms evidenced are: working for the elimination of gender stereotypes; supporting the formation and strengthening of women's social organizations; working for the concerted definition and articulated implementation of actions necessary to respond to sexual and reproductive health needs; and working for the recognition of reproductive violence as specific and different from sexual violence in the context of armed conflict. Also, it was evidenced that it is necessary to implement prevention, attention and reparation actions.

Keywords: sexual and reproductive rights, Colombia, armed conflict, violence against women

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