نطاق تطبيق الدولة الحامية و شروطها

Abstract EN

One of the fundamental instruments of international humanitarian law is the Geneva Conventions of 1949 and the 1977 Additional Protocols, where the scope of application of the agreements to armed conflicts is provided to protected parties who must be treated humanely.

The two Additional Protocols had complemented the agreements that initiated the reduction of violence and the protection of the population.

The most important purposes of international law are the maintenance of international peace and security, as affirmed in the UN Charter in its first article.

The difficulty of distinguishing armed conflicts from other wars such as the war of national liberation, civil war, and wars of separation makes it necessary to clarify the scope of application of the Protecting State and the conditions that must be provided in the Protecting State in order to be called so.

Therefore, this research paper aims at shedding light on the nature of the Protecting State, the conditions that enable the state to exercise its functions in terms of the neutral position it declares at the beginning or during the conflict, and the choice of the parties thereto, as well as its approval of the tasks entrusted to it