The International Responsibility for Protection of Victims from Armed Conflicts (Study of Iraq Case)

• Imad Khaleel Ibrahim

Resumen

It has adopted a wide range of international legal norms that recognize human rights and fundamental freedoms, both at the level of general rules, international human rights law and international humanitarian law, and in view of the various violations of these rights resulting from the wars or conflicts that have raged - - The international community, whether interna- tional or non-international, and the resulting serious violations of the rules of international law in general and international humanitarian law in particu- lar, have been supplemented by these rules and texts with other legal proce- dures to provide international institutional mechanisms to implement the rules As well as the development and strengthening of the international liability regime that arises when the obligation to implement or violate it is violated. In light of the prevalence of the state of war as a sign of sovereignty at that time, the rules of international humanitarian law were gradually adopted with a view to codifying its customary rules and thus the norms of general international law which subjected the issue of resorting to war and the use of force to an international organization with many images: The Hague Conventions of 1899 and 1907 and the Covenant of the League of Nations, as well as its prohibition under the Brian Kellock Charter in Paris, until it was expressly prohibited under Article 2 (4) of the Charter of the United Nations. There is no doubt that the first of the problems faced by States in the application of the rules of international humanitarian law is the importance of finding a balance between military necessity and humanitarian concerns. The use of force will lead to the violation of these humanitarian norms, thereby refuting the principle of necessity. Therefore, there are fundamental principles relating to the right to redress and redress for victims of armed conflicts, including (missing persons and their families) at the international level in general, and with regard to Iraq in particular, in accordance with the scope of the multilateral international responsibility towards individuals, States, international organizations and security companies, There are also multiple mechanisms to implement this responsibility in accordance with national and international legal norms. Opening words: international law, international humanitarian law, national law, international responsibility

Citas

François Bugnion, Just wars, wars of aggression and international humanita- rian law International Review of the Red Cross, September 2002, No. 847, volume 84, pp.7-8.

(See Article 2 (4) of the Charter of the United Nations.

Dr. Omar Zamari, The Application of International Humanitarian Law, from: Lectures on International Humanitarian Law, previous source, pp.

(See Article 87, Protocol I to the Geneva Conventions of 1949.

(See Article 88, Protocol I to the Geneva Conventions of 1949.

(See Article 6, Iraqi Penal Code No. 111 of 1969).

(See Article 7, Iraqi Penal Code No. 111 of 1969).

(See Article 34, Iraqi Penal Code No. 111 of 1969).

See Iraqi Penal Code No. 111 of 1969.

(See Article 15, Iraqi Civil Code No. 40 of 1951).

(See Article 171. Iraqi Civil Code No. 40 of 1951).

See Iraqi Civil Code No. 40 of 1951.

(See Fritz Kalshoffen and Lizabeth Tsegfeld, Controls for Fighting War, International

Committee of the Red Cross, 2004, p.

(See Article 91, Protocol I to the Geneva Conventions of 1949.

See United Nations General Assembly resolution 3074 (XXVIII) of 3 December

, www.un.org

See United Nations document (A / RES / 60/147), www.un.org

(See article 4, Convention on the Prevention and Punishment of the Genocide

of 1948).

(See Articles 6 and 8, Convention on the Prevention and Punishment of the

Genocide of 1948).

(See Article 9, Convention on the Prevention and Punishment of the Genocide

of 1948).

See: The Advisory Opinion of the International Court of Justice, 1951, Summary

of Judgments, Advisory Opinions and Orders of the International Court

of Justice, 1948_1991, United Nations, p.

(See Barcelona Traction, 1970, Summary of Judgments, Advisory Opinions

and Orders of the International Court of Justice, 1948_1991, United Nations,

p.

(See article 1, Convention on the Non-Applicability of Statutory Limitations to

Crimes against Humanity and War Crimes of 1968).

(See article 2, Convention on the Non-Applicability of Statutory Limitations to

Crimes against Humanity and War Crimes of 1968).

(See article 58, Draft State responsibility in the ILC document (A / 56/10).

See Report of State Responsibility in the ILC Document (A / 56/10), pp.

_325.

(See Elena Pegsch, Accountability for International Crimes from Guess to

Reality, International Review of the Red Cross, 2002), pp. 192-2195,

www.icrc.com

(See ibid., 196).