الآليات القضائية لتطبيق القانون الدولي الإنساني

Abstract

bstract All praised due to Allah........ This study is entitled by Judicial mechanisms of the application of International Humanitarian Law, within three chapters. The first chapter discusses the concept of the International Humanitarian Law, it’s characteristics and the historical development that accompanied its inception, also, it discusses the principles that the International Humanitarian Law is based. Indicating its implication scope, as well as the protected categories that International Humanitarian Law provides the necessary protection for. The second chapter covered the mechanics of its implementation. International Humanitarian Law has many mechanisms, including its implementation at the national and the international level. Also, referred to the role of the governmental organizations and their role in the application of the International Humanitarian Law. We reviewed the role of International Courts in the application of the International Humanitarian Law, and the extent to which the temporary International Courts have contributed to the application of the International Humanitarian Law. Through the third chapter, reviewed the role of the International Criminal Court in the application of the International Humanitarian Law, which is now competent with the International crimes trial that stated on its statute. Also, reviewed some practical application of the International Criminal Court and the challenges facing it. ‫و‬ The study included that International Humanitarian Law came to achieve the fundamental goal of providing protection to non-participating groups which are unable to fight, and to protect civilian objects. Also, concluded that the four Geneva Conventions of 1949, and its additional protocols 1977 are obliged to issue the necessary legislation to implement and execution of the International Humanitarian Law, the obligation to apply and teach International Humanitarian Law enhances its application, violations of International Humanitarian Law have become crimes of a universal nature that are subject to the jurisdiction of International Criminal Court and are not expected from official attributes or immunities, and cause doesn’t expire with prescription. And the decisions of individual criminal responsibility reaffirm the most important objectives of the International Criminal court and ensure International justice.