Gulf War I : the legality of prosecuting existing Iraqi Ba’ath party in response to Kuwait’s deceased captives
Other Title(s)
دور القانون الدولي بشأن مدى محاكمة مرتكبي الجرائم الدولية أثناء قيام حالة النزاع المسلح و بعد انقضائها
Author
Source
Issue
Vol. 45, Issue 4 (31 Dec. 2021), pp.11-47, 37 p.
Publisher
Kuwait University Academic Publication Council
Publication Date
2021-12-31
Country of Publication
Kuwait
No. of Pages
37
Main Subjects
Abstract EN
This paper analyzes and describes the role of international law in prosecuting international crimes committed during and after wartime, in general, and in the territories of Kuwait and Iraq during the invasion by the latter (Gulf War I), in particular.
Through these approaches, I will identify the importance of international criminal and humanitarian laws’ mandates in trying existing Ba’ath commanders who had ordered, aided, abetted, and/or neglected their duties over their forces in which this conduct resulted in the death of Kuwait’s captives.
In light of this analysis, I propose the establishment of an ad hoc tribunal to try and punish these perpetrators as a corollary initiative laid out on the United Nations’ obligations, and as a consequence to the Security Council resolution to liberate Kuwait.
This paper will consist of four parts.
The first part will illustrate the background of the Iraqi invasion of Kuwait and the liberation initiative led by the US and the UN (Operation Desert Storm) to free Kuwait from that invasion.
The second and third parts’ approaches will analyze and criticize the legality of both: the Iraqi invasion of Kuwait, on the one hand, and the US UN intervention to liberate Kuwait, on the other hand.
Consequently, all of these proponents will lead to the development of a test to create an ad hoc criminal tribunal to try and punish the existing Ba’ath regimes who have violated international law by not keeping Prisoners of War (POWs) safe and unharmed.
American Psychological Association (APA)
al-Fadli, Hammud Yusuf. 2021. Gulf War I : the legality of prosecuting existing Iraqi Ba’ath party in response to Kuwait’s deceased captives. Journal of Law،Vol. 45, no. 4, pp.11-47.
https://search.emarefa.net/detail/BIM-1424683
Modern Language Association (MLA)
al-Fadli, Hammud Yusuf. Gulf War I : the legality of prosecuting existing Iraqi Ba’ath party in response to Kuwait’s deceased captives. Journal of Law Vol. 45, no. 4 (2021), pp.11-47.
https://search.emarefa.net/detail/BIM-1424683
American Medical Association (AMA)
al-Fadli, Hammud Yusuf. Gulf War I : the legality of prosecuting existing Iraqi Ba’ath party in response to Kuwait’s deceased captives. Journal of Law. 2021. Vol. 45, no. 4, pp.11-47.
https://search.emarefa.net/detail/BIM-1424683
Data Type
Journal Articles
Language
English
Notes
Record ID
BIM-1424683