The Mechanisms for Implementing Humanitarian International Law Palestine Case

Year: 
2016
Discussion Committee: 
Dr .Basel Mansour/suprvisor
Dr. Esam Attrash/external examiner
Dr. Mohamad Sharaqa/internal examiner
Supervisors: 
Dr .Basel Mansour/suprvisor
Authors: 
Majd Noman abdo abdallah
Abstract: 
The world suffered in its successive periods from disputes and fights that exhausted the shoulders and powers of mankind. Due to what the world had witnessed from the explosion of the tyrants savagery and tyranny, which led the predecessors and successors to disappear in the pit. And the brutality that eradicated humans and their rights which religions had embraced before any tradition or law that human beings had placed or created. And because the people has been and still are eager to the stability of secureness and peace and the spreading of affection between one another، and as a result of the national wakening that calls to revolt violence and focus on wisdom to resolve conflicts or at least solving it with the least amount of loss in souls and properties، this led us to taking interest in this type of study which primarily focuses on the international human law and its methods of application nationally with focus on a special case that is Palestine. Based on that، we have divided this study into two sequenced chapters and cited in each chapter three subjects. The first looks into the definition of human international law and its historical development. As for the second one، it’s concerned with the properties of the human international law and its recourses, both customary and institutional, which leads us to the final subject in this chapter in which we carefully go through the range of applying the Human International Law and what specializes it from other similar laws such as Human Rights Law and the International Criminal Law, As the aim that the researched strives for in this paper takes shape around knowing the methods of applying the International Human Law nationally, thus it was necessary to discuss, in the first subtitle، joining international treaties and harmonizing it with national legislations. As for the second subtitle, it was necessary to highlight the need to commit in issuing national legislations that deepen the application of the Human International Law and respect its rules and deem the violating it as well as strengthening the judge’s national rule and awarding him universal jurisdiction to impose the proper penalties for any breaking of this national constitution as the protector of the human soul, and due to the fact that the concepts of the Human International Law and generalizing it is a humble contribution to remind that man was created to live and this earth has what’s worth living for and if man was asked to survive then he must start contributing by providing it to others. This led us to shine the light on publishing the Human International Law in third and last subtitle of this study, all of this with focus on the Palestinian case as a live example on it. The conclusion that the researcher has reached in this study, which relayed on the analytical descriptive method, is that the Human International Law is one of the most important laws that the country must commit to its principles and publish, although even if there truly is an active initiative in the Palestinian court for the application and publication of such laws, it remains rare and scarce and needs more effort for these principles to become part of the legal system in for the Palestinian State, and national judiciary would be able to access it as required
Full Text: 
Pages Count: 
133
Status: 
Published