قواعد القانون الدولي الإنساني و الالتزامات الناشئة عنها في قضاء محكمة العدل الدولية

الملخص EN

International humanitarian law with its two branches (Hague law and Geneva law) constitute a major part of public international law, which includes a set of rules and obligations that aim to protect the human person by restricting the right of the warring parties to choose the means and methods of warfare that they like, and to protect vulnerable groups and objects during Armed conflicts of an international or non-international character.

The International Court of Justice, through its rulings and advisory opinions, has contributed to strengthening and consolidating the status of the legal system for the rules of international humanitarian law and the obligations arising from them within the rules of public international law, by revealing the customary nature of these rules, and by describing them as “basic rules”, or The “rules that may not be violated”, which are applied against all countries due to the primary humanitarian considerations, which made them rise to the ranks of jus cogens that may not be violated even if the International Court of Justice has not explicitly stated that.