آليات تطبيق قواعد القانون الدولي الإنساني و مدى فاعليتها

Author

بشناق، باسم صبحي

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

31

Main Subjects

Law

Topics

• Human rights
• International humanitarian law
• Censorship

English Abstract

This study discusses mechanisms of applying the rules of the international humanitarian law and their effectiveness.

Legal texts from international conventions that are directly related to implementing and monitoring the international humanitarian law rules were scrutinized and analyzed.

The study primarily aims to provide legal suggestions that would strengthen and activate mechanisms of respecting the rules of the international humanitarian law and make them more binding for conflicting countries and thereby reduce committing war crimes and crimes against humanity in armed conflicts.

The study is divided into three main sections which discuss the preventive mechanisms, supervisory mechanisms, and punitive mechanisms for the application of the international humanitarian law.

This study has reached some findings showing that there is a kind of failure in organizing mechanisms of applying and monitoring the rules of the international humanitarian law.

This has led to ineffectiveness of these rules Also, the rules of the international humanitarian law do not constitute as legally binging for countries.

The study also offers some recommendations such as the necessity of enhancing the role of International Committee of the Red Cross (ICRC) in applying the rules of the international humanitarian law and in eliminating the role of countries in prosecuting citizens thereof who gravely breach the international conventions that are related to the international humanitarian law.

This last issue should be only practised by the International Criminal Court (ICC).

Data Type

Conference Papers

Record ID

BIM-774503

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