وسائل تطوير آليات احترام القانون الدولي الإنساني : احترام حقوق أسرى الحرب أنموذجا

Author

ابن تمسك، عزوز

Source

القانون الدولي الإنساني في ضوء الشريعة الإسلامية : ضمانات التطبيق و التحديات المعاصرة يومي 13-14 أكتوبر 2015.

Publisher

الجامعة الإسلامية كلية الشريعة و القانون

Publication Date

2015-10-31

Country of Publication

Palestine (Gaza Strip)

No. of Pages

52

Main Subjects

Law

Topics

• Human rights
• International humanitarian law
• Prisoners of war

English Abstract

For as long as the historical facts have proved that the phenomenon of war phenomenon inherent to mankind, although the contemporary international law has been denied the use of force, or the threat of force against the territorial integrity or political independence of any state, so that became the base of the use of armed force, in the exceptional cases in which it is permissible to use force, peremptory norm shall not be violated, or to violate the agreement.

However, this legal prohibition does not mean the disappearance of the causes and sources producing wars, where still wars prominent of the reality of international relations feature, if the latter were the case, the phenomenon of military families is the inevitable result of both wars, but they hardly constitute the bulk of the effects, as Use the families as a means to limit the ability of the enemy, and weaken continue fighting so that the prisoner had been held as long as it does not pose a threat to his captors.

However, the confusion which has remained inherent in the phenomenon of families is to look at the prisoners as enemies, and then the prisoners vulnerable to murder, enslavement, and brutal torture, hence the issue of protection as one of the important issues that summoned the attention of the international law them, and be engaged in a set of rules, keep pace with the evolution of the legal status of the individual in general on the international level, and improve and put it day after day in its scope, where has made numerous attempts to place restrictions and controls agreement to curb the abuse it receives prisoners of war from their captors, and provide acceptable humane treatment limits.

The rules guaranteed to protect prisoners of war and their rights remain a dead letter, any rules ineffective if you did not catch her portrayal of the mechanisms on the ground.

There is no doubt that the acquisition of any required effective legal system but it depends on the application of the rules contained in this system actually applied, if the rules remained without application will not enable them to achieve the goal for which it was formulated, which is to achieve protection for this category.

The question of protection permission is no longer poses within its theoretical framework, but became only put more on the practical level, especially in the presence of massive violations of all of these rules by the family of nations.

Hence the importance of these mechanisms in extending its control over the implementation of these provisions if these mechanisms did not succeed in preventing the occurrence of the violation, or countries deliberately go out on the provisions of the conventions associated with them, they are responsible for their actions, and the actions of its forces warring, namely that the implementation of the rules protecting prisoners War and rights process presupposes the existence of mechanisms work in time of peace or in time of conflict, involving many parties, demanding an urgent basis to find effective ways that develop these mechanisms.

Data Type

Conference Papers

Record ID

BIM-774490

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