The Effectiveness of the Human International Law in the International and internal Armed Conflict

Year: 
2009
Discussion Committee: 
Supervisors: 
Dr. Fady Qasem Shadeed
Dr. Muhammad Sharaqa
Authors: 
Qysay Mustafa Abdul- Kareem Tayem
Abstract: 
The purpose of this study is emerged from the necessary need for protecting the human being and meeting his survival everywhere and every time in order to make him feel safe and security . Also، to insure his freedom and dignity. The enlargement of the range of human rights is reflecting on the rules of the Human International Law which is the branch of the general international law . This law which is connected widely with the human being has contributed to the humanity by saving millions of people who respect it and follow its orders. The main aim of this law is saving people and properties during armed conflicts. Moreover، the rules of this law restrict the parties in conflicts from choosing the fighting techniques that terminate millions people as a result of using the advanced technical weapons. The above mentioned law was founded a century ago ،but the purpose in this respect was to commitment of anther the signed parties on their obligations in addition to enforcement of these rules among the parties who have already involved in several armed conflicts. Accordingly، it was necessary to define the Human International Law which is A group of international rules based on international treaties that aim to solve the human problems caused by international and non- domestic armed conflicts . Moreover ، these rules limit for humanity reasons the rights of fighting parties in using several war techniques . Or they protect affected people suffered from armed conflicts The Human International Law has a firm rules derive from the international norms and agreements، particularly (Geneva and Hague Law 1949). For achieving the study purpose, it was divided into introduction, three chapters and conclusion. The introduction emphasizes the summary of the Human International Law and its development throughout history in order to clarify the progressing of the human concepts during this development. Chapter one clarifies the kind of protection offered by the law for the benefit of the civilian، sick، wounded and war prisoners, specially , who suffer severely from the different armed conflict. Chapter two, on the other hand، deals with the right for protecting private، religious، cultural and environmental properties essential for saving lives of the civilians throughout avoiding them the effects of war. Moreover، the necessity of distinguishing between military and non- military targets which are not allowed to be targeted during the military actions. Finally، chapter three contains several important subjects like the effectiveness of enforcement the procedures of this law، the international criminal responsibility achieved by the law and the International Criminal Courts and there domains. According to the theoretical stud based on descriptive and analytical method along with several studies and documents dealing with the subject the researcher conclude that there is a shortage in enforcement of this law shouldered by the signed countries on adopting a clear mechanism for this enforcement. Also، this law needs all international support in order to achieve its purposes.
Pages Count: 
188
Status: 
Published