المسؤولية الدولية عن إساءة استخدام الشارة المميزة في القانون الدولي الإنساني

الملخص EN

Having examined the basis on which liability can be built in general, and we have seen how liability may be based on error or wrongful or risk-based action, we come here to establish international responsibility for the misuse of the distinctive emblem and the validity of any of these theories to be essentially We see that the theory of error is not valid as a basis for international responsibility; it is because it is no longer appropriate because of the psychological elements underlying it, which are difficult to prove on the State side and having been abandoned by international jurisprudence as the basis of international responsibility in general.

consideration As a basis for liability for the misuse of the distinctive emblem as well; on the basis that this theory came to cover those legitimate acts of a harmful nature that were not covered by both my theory of error and the theory of wrongful action as we have explained previously, and that the misuse of the distinctive emblem was an unlawful act Under the provisions of international humanitarian law, and therefore not under the scope of risk theory.

We conclude by saying that the theory of the wrongful act is sufficient to raise the responsibility for the misuse of the distinctive emblem, and we believe that this theory serves as a legal basis for international responsibility for misuse of the emblem On the basis that this latter act is an unlawful act prohibited by the relevant rules and provisions of international humanitarian law