التوصيف القانوني لمقاتلي الحشد الشعبي : دراسة في ضوء القانون الدولي العام

الملخص EN

Legal characterization of the members of Popular Mobilization Forces as an armed group is a significant matter.

It is well known that the international humanitarian law does not deal in the same way with all forms of the armed groups.

Since it is unnecessary that all the categories of members of these groups are included under the definition of combatant who has a special protection under the mentioned law.

Therefore, it is important to determine the correct Legal characterization for each armed group, and then it can say whether that such group and its members are protected by the international humanitarian law or not.

Such protection cannot be applied unless some conditions are met.

Today, the question of the legal characterization of the members of Popular Mobilization Forces is a sensitive and controversial matter.

Legal debate focuses question that whether the members of the Popular Mobilization Forces are combatants protected by the international humanitarian law or not? This study focuses on the relevant legal provisions within both of the Iraqi law such as (the Permanent Constitution of Iraqi Republic of 2005, the Popular Mobilization Law No.

40 of 2016.