Legal Mechanisms for the Application of the International Humanitarian Law at the National Level

Abstract The International Humane Law is aiming at eliminating the woes of the wars by protecting the fighters who become unable to fight in addition to the individuals who are civilians and do not engage in military actions . Also, it aims at protecting the cultural and civilian properties. The conclusion that we came across is the obligatory of the rules of the International Humane Law which has a criminal characteristic punishes whom who broke .The IHL has several mechanisms guarantee its appliance nationally throughout the commitment of the countries which produce the necessary legislations used for its appliances. These countries harmonizing their internal legislations with those of the IHL . Also, they publish the IHL rules in order to be known by all individuals by including them in the school curricula . The rules of the international humane law are ordering rules and characterized by publicity and abstraction because they are stemming from the international norm and international treaties ,particularly, Geneva Law (1949) and Hague Law (1899-1907). This study has been divided into two chapters and background. The background included the general concept of the International Humane Law, its development and nature. Chapter one discussed the legal foundations for executing it nationally and the explanations of the principles of the state dominion . Chapter two discussed the necessary national procedures for executing the International Humane law nationally which includes the following : - The legal environment necessary for the appliance of the International Humane Law nationally. - The role of the national Palestinian communities and establishments in the appliance of the International Humane Law. The theoretical study, which resorted on the analytical and descriptive approach by gathering some documents and studies relating to this subject matter and analyzing them by using subjective scientific discussion for the law items, concluded that there is a shortage in the appliance of this law which is the country responsible for . Furthermore, the study concluded that in order for the law to be active and to pass its immobility to the practice state, international efforts should be in cooperated in order to achieve the goal of the International Humane Law.