القانون الدولي الإنساني وحظر الأسلحة النووية

Abstract EN

The establishment of humanitarian rules to mitigate the scourge of war and its devastating effects in the late nineteenth century began as a result of the human suffering of previous wars by the warring forces against civilians and prisoners of war.

since the aim of the war is to overcome one side over the other and to subjugate its armed forces to force it to accept what is demanded of it, the means and methods of fighting must not exceed this objective and should not be strong and brutal or contrary to honor and good faith.

states are aware that war can only be erased it has tried to refine it and reduce its evils and minimize the losses and suffering in the event of their outbreak by signing international agreements to remove or limit the use of prohibited weapons.

one of the most important principles of this law was expressed in the St.

Petersburg declaration of 1868: effective way N the suffering of disabled or make their death inevitable is contrary to the laws of humanity since then, there has been widespread recognition that, in cases that are not explicitly covered by international conventions (civilians and combatants remain under the protection and authority of the principles of international law derived from established custom, the principles of humanity and dictates of the public conscience), in accordance with the martens clause, of the international humanitarian law, the Geneva act and the Hague act.

it is the humanitarian considerations that- motivated the negotiation of conventions to prohibit the use of certain weapons under international humanitarian law.

such weapons are indiscriminate, excessively injurious or cause unjustified, which are originally conventions of an objective nature, the violation of which is an attack on the general interest of all parties to respect the principle of humanity and thus all states parties can invoke the responsibility of states which violate the provisions of these conventions for reasons of collective interest.

there is a special legal relationship that arises between each state party and the total number of contractors, especially since most of the prohibited treaties for the use of certain weapons are multilateral and therefore there is a legal right of peoples, a rule accepted and recognized by the international community for all states, including the inadmissibility of the use of internationally prohibited weapons in accordance with article 60, paragraph (5), of the Vienna convention on the law of treaties of 1969, which guaranteed the protection of persons in treaties of a humanitarian nature even in the case of violation of its rules by one of its parties.