Thursday, August 2, 2012

International humanitarian law

 

Despite the many definitions of international humanitarian law, but they - the tariff - were unanimous on the fact that one; that the goal of this law is to protect people who suffer from the scourge of war.

    
To know the Waldo Mechanism of the Red Cross International Humanitarian Law as: a set of international rules laid down by treaties or custom, and customized specifically to solve problems of the humanity arising directly from international armed conflicts or non-international, and that limit - on humanitarian grounds - the right of parties to the conflict to resort to their choice of methods or means of combat, and protect persons and property.
    
Known as Dr. roof international humanitarian law as "a branch of public international law, a set of international rules, customary and written, which aims to protect combatants and civilians during armed conflict, on humanitarian grounds, and maintenance funds that are not directly related to military operations.
    
And concludes Tarawneh that the set of rules of law, customary or written, that have been reached, in order to protect human rights and fundamental freedoms during armed conflicts, has become known as international humanitarian law, which includes in its broadest sense international legal texts, all of which provide protection to the individual and his rights.


The basic instruments of international humanitarian law

Whether we in the process an international armed conflict or international rights, the victim of this conflict needs to be a humanitarian assistance and protection guaranteed by the rules of international humanitarian law, and perhaps most important of these instruments are:1. Declaration of St. Petersburg in 1868 to ban the explosive shells.2. Hague Declaration of 1899 on the shells, "the blood of the blood" and asphyxiating and other Hague Conventions.3. The Hague Conventions of 1907.4. First Geneva Convention of 1949, on improving the Condition of the Wounded and Sick in Armed Forces in the field.5. Second Geneva Convention of 1949 on improving the condition of the wounded, sick and shipwrecked members of armed forces at sea.6. The Third Geneva Convention of 1949 on prisoners of war.7. The Fourth Geneva Convention of 1949 on the protection of civilians in time of war.8. Protocol I of 1977 to the Geneva Conventions relating to the Protection of Victims of International Armed Conflicts.9. Second Protocol of 1977 to the Geneva Conventions on the protection of victims of non-international armed conflicts.10. United Nations Convention of 1980 on Prohibitions or Restrictions on Certain Conventional Weapons.And protected persons under the provisions of international humanitarian law during armed conflict were:

    
Wounded and Sick in Armed Forces in the field.

    
Shipwrecked, wounded and sick members of armed forces at sea.
    
Prisoners of war.
    
Civilians.


International humanitarian law and the United Nations

Since the inherent jurisdiction and, more importantly, of the United Nations is the maintenance of peace and security, for theexecutive of the United Nations a significant role in the application of international humanitarian law. The principal organs of the Organization in accordance with the provisions of Article 7/1 of the Charter are: the General Assembly and the Security Council and the Economic, the Trusteeship Council, International Court of Justice. The Paragraph 2 of article above, it is permissible to establish what is required of other devices if necessary. Based on that, and with the end of the twentieth century, enabling the international community to reach an acceptable formula for a system based on the International Criminal Court, to contribute, along with measures and other mechanisms at the international and domestic, to meet the requirements of the international collective security as a whole, and the fight against international crime and keeping the stability of the UN Security .

In spite of the large number of international covenants and instruments, special rules of international humanitarian law, must make it clear that the United Nations has not yet been able to develop effective mechanisms and active to carry all States to implement their commitments under international conventions, like the penalties imposed by national laws on the citizens who break the law . Also, political considerations often disrupted or impeded the work of United Nations bodies and international courts.
   

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