حقوق المدنيين أثناء الحروب والاحتلال العسكري - دراسة في أحكام القانون الدولي الإنساني

Abstract

AbstractThe International Humanitarian Law has precisely organized all essential rights of civilians during various types of wars and armed struggles and military occupation. It dealt with those rights in a form that matches with the basic Humanitarian values protected by its rules. Its clauses have prohibited all violations against civilians' basic rights. It considered those violations punished crimes. International society determination continued in activating those clauses. Many states desired in putting an end to the violations committed against civilians. Nevertheless, breach of International Humanitarian Law's rules decided to protect civilians is still preponderant over many armed struggles. International society still records struggle parties' violations of protection rules and their commission of very serious exercises, which represent an essential breach and basic violation of all international criteria that protect civilians in all conditions especially in armed struggles and during the military occupation of any territory. Free observance of essential principles, [created by states determination and incorporated by the four Geneva conventions 1949 and their annexes, the first and second additional protocols 1977], represents the basis of states treatment with the legal obligation imposed by contractual force of international agreements and international responsibility principals, whose extent led to create an independent field of international criminal responsibility resulted from breach of rules of international Humanitarian law. Additionally, obligatory value of principals of martial international Humanitarian law expands the protection range of civilians and increases the responsibility range undertaken by the states. This also included the states that they were not party in the essential international agreements in international Humanitarian law, which endorsed essential rights of civilians during the armed struggles. Human societies are still in need of consolidating all procedures that guarantee protection of civilians and developing legal criteria adopted in distinguishing civilians as well as paying more attention and respect to all clauses that secured essential rights of civilians in the exceptional conditions such as war and military occupation, because Humanitarian is the superior aim that must be protected and his rights must be defended starting his right in life, freedom, peace, honored living and physical soundness, as well as his right in possession and other civil, social and educational rights.International society determination must not be unable to do any thing with regard to crimes committed against civilians like what happening in Iraq, whereas simplest Human rights of the Iraqi Humanitarian are violated.