HUQUQ Journal

HUQUQ Journal: articles, research notes, datasets, and transformative ideas placing human rights in context

The Power Differential Principle

Prof. Souaiaia HUQUQ Journal, Systems Thinking Framework Power Differential Principle, Systems Thinking 0

A Systems Thinking Approach to Human Rights Advocacy ABSTRACT: This article introduces the Power Differential Principle, a systems-based approach to human rights advocacy derived from the Systems Thinking Framework (STF). It argues that advocacy should be directed toward actors whose agency is threatened by determinant systems they cannot effectively resist rather than by ideology, identity, or political affiliation. Drawing on STF’s concepts of determinant and contributory systems, dynamicity, and the relationship among work, energy, and time, the article develops a framework for identifying vulnerability through systems mapping and variable mapping. By treating vulnerability as a relational and event-specific condition, the Power Differential Principle offers a dynamic methodology for assessing rights violations and remediations and guiding advocacy under changing social conditions. ___________ Information: ARTICLE: The Power Differential Principle (Download) AUTHOR: Ahmed E. Souaiaia, Ph.D. AFFILIATION: University of Iowa, USA KEYWORDS: Systems Thinking; Human Rights Advocacy; Power Differential Principle; Vulnerability; Determinant Systems CONFLICT OF INTEREST: The author declares no competing interests. FUNDING: This research received no specific grant from any funding agency. Citing It: Souaiaia, Ahmed E. “The Power Differential Principle.” HUQUQ Journal, June 2026. LICENSE: © 2026 Ahmed E. Souaiaia. This is an open-access article distributed under the terms of the Creative Commons Attribution—Non Commercial 4.0 International License.

An Ongoing Immigration Crisis

Emma Ballweg HUQUQ Journal, Other Enforced Disappearance, Migration, non-refoulement, Torture 0

Human Rights Violations Within the US’ Treatment of Venezuelan Immigrants Abstract Current immigration situations within the US are fraught, and the case of Venezuelan immigrants is no exception. Since 2021, they have been designated for Temporary Protected Status, which allows them to be safe from deportation and work legally in the United States . However, recent changes under the Trump administration have jeopardized that status. Beyond that, President Trump has used an 18th century law, the Alien Enemies Act, to quickly deport Venezuelans who are accused of being members of a transnational gang. However, these actions have violated US domestic law, domestic court orders, and international human rights provisions. This paper will examine the recent actions that have been taken surrounding Venezuelan immigrants and their human rights implications. Background Information The Origins of Venezuela’s Humanitarian Crisis Since oil was first discovered in Venezuela in 1922, the country has centered its entire economy around oil production, at the expense of other sectors. As the oil industry continued to grow, the Venezuelan government looked for ways to maximize its profits. In 1976, the oil industry was nationalized after years of significant taxation on foreign oil companies operating in Venezuela. While the oil industry sustained Venezuela and made it a prospering economy for many decades, that success would not last. In 1998, Hugo Chavez was elected to the Venezuelan presidency on a socialist platform. From then on, oil production began to decline, as did democratic processes. As democracy eroded in the country, decreased […]

Humanitarian Crisis in the Democratic Republic of the Congo: What the Pause on U.S. Foreign Aid Could Mean for the DRC

Molly Lihs HUQUQ Journal, In The News Democracy, Democratic Republic of the Congo 0

by Molly Lihs Abstract This paper examines the impact of the U.S. foreign aid freeze and cuts on the Democratic Republic of the Congo (DRC) and the worsening humanitarian crisis amid ongoing conflict involving the Congolese government, the March 23 Movement (M23), the Democratic Forces for the Liberation of Rwanda (FDLR), Rwanda, and other armed groups. As a major donor, the U.S. provides critical funding for food, shelter, medical supplies, hygiene, and sanitation, making Congolese communities heavily reliant on American aid. This paper analyzes the immediate and potential consequences of these aid cuts through emerging reports and historical cases where U.S. aid reductions during crises exacerbated suffering. It underscores the likelihood of escalating humanitarian distress and the compounded hardship faced by millions. Introduction In 2024, the Democratic Republic of the Congo (DRC) received more humanitarian aid from the United States government than any other country in the world, at a staggering $920 million, which accounts for nearly 70 percent of all the humanitarian aid received by the DRC (Maclean & Jammeh, 2025). A large majority of this aid contributed to efforts to ensure access to food and nutrition support, water and sanitation services, medical supplies, and other essential resources and services. On January 20, 2025, the first day of his second term, President Donald Trump signed an executive order that called for a 90-day pause in new foreign assistance obligations and disbursements and required stop-work orders to be issued for all existing foreign assistance awards as the current foreign development […]

Tariffs and Human Rights

Prof. Souaiaia HUQUQ Journal, Economics Poverty, Tariffs, Trade, Wealth 0

Generally, nowadays, a tariff is a tax imposed by a government on goods and services imported from other countries. Its primary purpose is to raise the cost of foreign products, making them less competitive compared to locally produced goods. Tariffs are a fundamental instrument in international trade policy and have been used historically both to protect domestic industries and as a political weapon. Originally, the word tariff has an intriguing linguistic lineage—one that bridged the Islamic East with the Christian West. In the context of the modern West, tariff is connected to the Italian word tariffa, meaning “list of prices or taxes.” However, the word originates from the Arabic word ta`ārīf (تعاريف), meaning “notifications” or “definitions” — which itself referred to a list of customs duties. This etymology reflects the deep historical links between trade and taxation in the Mediterranean and Southwest Asia regions, where merchants and empires developed early customs systems to regulate the flow of goods. Initially, tariffs were institutionalized in the emerging Islamic civilization. But one of the earliest formal systems of trade duties can be traced back to the time of the Prophet Muhammad, who established rules to regulate commerce fairly in accordance with Islamic principles of justice and equity. Under Islamic governance, the caliphate, tariffs applied to state revenues above and beyond the religiously mandated taxes, called zaka and sadaka. These extra, non-religious taxes, ta`rifa, were also known as `ushr (a 10% tax on certain imports for non-Muslims) and khums (a tax of one-fifth on […]

Remembering Their Names

Research Assistants HUQUQ Journal Attacks against Journalists, Journalism 0

An Exploration of the Growing Epidemic of Wrongful Imprisonment of Journalists by Brianna Bohling-Hall Abstract: This research note is about arrested, detained, or imprisoned journalists around the world as documented in major databases. In it, I examine the demographics and career-related categories of the journalists, followed by an examination of the countries with the highest number of arrests. I also elaborate on the different reasons that journalists have been imprisoned, cases in which a journalist has not been given a trial, human rights abuses that have been committed against them, and how wrongful imprisonment is becoming a growing threat to journalists in the modern world. Of note, it should be known that even during an armed conflict, International Humanitarian Law considers “directing attacks against journalists” a grave violation, including acts that deliberately target journalists or media facilities. According to the Committee to Protect Journalists, an organization that monitors worldwide journalist arrests and fatalities, 2,232 journalists and media workers have been wrongfully imprisoned since the database was founded in 1992. The statistics for 2024 revealed higher numbers of journalist arrests than ever before given the ongoing war between Israel and Palestine and the growing conflicts with neighboring countries in the region. Most journalists who have been arrested during the Israel-Hamas War were detained for apparent “anti-state” sentiment, which is a common reason for arrest in various countries. Of the 2,232 wrongfully imprisoned, 1,320 were also charged with anti-state sentiment, with a large portion of arrests providing no explanation into what exactly the journalist […]

The Development of Human Rights: From Hammurabi to the Universal Declaration

Prof. Souaiaia HUQUQ Journal, Introduction to Human Rights Civil Rights, Human Rights, NGOs, UDHR 0

While the earliest appearance of the phrase “human rights” in written records can be traced back to the first half of the 19th century, the concept of “rights” as ethical and legal claims extends far beyond the modern era. Throughout history, organized societies with hierarchical governments have established norms and rules to protect life, safeguard property, and foster respect for the dignity of others. As early as 1760 BCE, the Babylonian king Hammurabi promoted the “wellbeing of the people” and enshrined this principle in a legal code known as the Code of Hammurabi. Around 539 BCE, when Babylon was conquered by the Persian king Cyrus, he issued a series of decrees granting people under his rule the right to choose their own religion, limiting enslavement, and establishing racial equality. More than 500 years later, the Roman Empire (27 BCE – 476 CE) developed concepts of natural law and the rights of citizens. Religious leaders also played a significant role in advocating for ethical norms and legal rules that promoted equality regardless of sex, ethnicity, or economic status. For example, during his ministry in Palestine (26–33 CE), Jesus Christ preached equality before God, declaring, “In Christ there is neither Jew nor Greek, slave nor free, male nor female.” Similarly, around 500 years later, Prophet Mohammed (613–632 CE) in the Arabian Peninsula challenged the rulers of Mecca, the Quraysh, in the name of principles such as equality, justice, and compassion, which he believed were revealed to him by God in the Qur’ān. […]

Expanding Rights and Expanding Powers: Assessing and Contextualizing Human Rights Abuses in an Emerging Multipolar World

Research Assistants HUQUQ, HUQUQ Journal, Research Notes Globalism, Multipolarity 0

By Anthea Rose Abstract Since the fall of the Soviet Union to the Ukrainian crisis, the world order has been characterized as a unipolar one, wherein the United States monopolized power. A facet of world order acutely affected by this monopoly of administering justice and world dominance is within human rights practices–– a primary interest of this paper. As unipolarity becomes stretched thin, challenged in a geopolitical context by newly empowered contestants asserting individuality from international hegemonic structures, it is necessary to consider the protection and violation of ‘universal’ human rights and their implementation in a multiplicity of spheres–– including international enforcement, domestic monitoring, and the continuing effects of historical human rights abuses within enacted systems. The redistribution of world powers demands an expansion of the conceptualization of human rights to better define and safeguard rights protections in a transformed political landscape of the international and domestic hemisphere. This paper examines the interconnectedness of world polarity- its impact on human rights abuses, the geopolitical climate and its responsiveness to competing states. Using an interdisciplinary approach, this essay will demonstrate the potential of multipolarity in lessening human rights abuses. ________________ Keywords: human rights, multipolarity, unipolarity, social rights, globalism _____________ Defining Human Rights Traditional Approaches to Human Rights As both paradigm and practice, human rights are implemented within a delicate definition of their purpose and protections. Human rights are indicative of the relationship between an individual and the state, determining patterns of governance and punishment. Human rights can be loosely defined as […]

How the War between Ideals and Practices in the West is Exposing Supremacism as the Force behind All Rights Abuses

Prof. Souaiaia HUQUQ, HUQUQ Journal Islam in Europe, Muslims in Europe 0

By Ahmed E. Souaiaia * When school started in France this fall, Muslim children who wished to wear an abaya (for girls) or a qamis (for boys) had to choose between the dress and education. They were compelled to make the difficult choice because the French government banned Islamic attire that offends secularism. France’s president, Emmanuel Macron, defended the ban, stressing that it aims to defend secularism and the principles of the republic, but also went further to connect Islamic dress to terrorism: “We also live in our society with a minority, with people who change the direction of a religion and come to challenge the Republic and secularism… Sometimes the worst happened. We cannot act as if there had been no terrorist attack and there was no Samuel Paty.” This statement is an explicit confirmation that the ban is not an instrument that applies to all to preserve the “neutral space” that secularism allegedly creates. It is a ban that targets a specific social group, Muslims. Moreover, the ban is targeting Muslims, according to Macron, because Islamic practices, including wearing a traditional dress, produces terrorism. These are the values, the reasoning, and the principles of the “enlightened world” that must be universalized, again, as per Macron’s recent instructions to his diplomatic core. The right to education that is enshrined in the Universal Declaration of Human Rights, which was produced by the Western world at the conclusion of the European wars, and that was used thereafter as a political […]

The Instrumentalization of Human Rights is the Most Serious Threat to Human Rights

Prof. Souaiaia HUQUQ Journal Colonialism, Supremacism, Woman Rights 0

Abstract: Generally, human rights are claims made by disempowered social groups that those with power over them must do for them or must not do to them. As such, these rights can be universal. But so is the abuse of such rights because of the universality of power systems—all human societies, throughout history and across culture, have been under some form of governing entities that enjoyed and exerted power over those under their rule. Subsequently, no government can be beyond reproach when it comes to human rights abuse. Yet, when human rights abuses take place in Muslim-majority countries, Western governments impose sanctions and Western media provide extensive coverage of instances of abuse. But when similar or even more egregious or persistent human rights abuses take place in a Western country, Western governments and media outlets ignore the event or treated it like an isolated secondary event. What is behind the difference in reactions and what is the effect of ignoring human rights abuses when they happen in Western societies on human rights?

PERKEMBANGAN POLITIK HUKUM ISLAM PASCA REFORMASI DALAM PERSPEKTIF NEGARA HUKUM HANS KELSEN

Research Assistants HUQUQ Journal, Jurisprudence Indonesia, Islamic Law Reform 0

by Marsono Wibowo Abstract As a country with the largest Muslim population in the world, it will directly or indirectly affect the development of the living order of the Indonesian people. The regimes change from time to time with policies that different from one to another, provide a variety of colors in the life of the nation and state. As a legal expert, Hans Kelsen explains the connection between law, morality and religion. How do each other influence each other, and what is the connection of that thing in the life of the nation and state in Indonesia.