الميزة العسكرية الأكيدة في ضوء الفقه و الاجتهاد القضائي الجنائي الدولي

Abstract EN

Dealing with the definite military advantage in this thesis indicates that emphasize the great importance of civilian dignitaries and their ranks as they are the protected group that must be protected special, and that many senior officials in armed conflicts may resort to issuing orders to inflict or carry out an attack beyond the result to be achieved, making them vulnerable to individual criminal responsibility.

In this way, there would be a definite military advantage when the result of targeting the military objective is achieved and much greater than the infliction of any injury to civilians, i.e.

not to turn suspicion or mistake on a civilian objective as a military, so that there will be a responsibility as long as there are results and implications that show the extent to which the failure of those who must have the spatial information and the study of the excess damage that will result from the use of the weapon and their ability to achieve the result, in short, a meeting of several factors that may meet the responsibility of the commanders, namely, to take precautions.

There are two criteria that must be established to achieve military advantage.

The use of weapons and the resulting consequence of the goal.

The second criterion is that the necessary conditions are found and provided in the same military advantage, which is that they are directly tangible.