Rules of international humanitarian law establish restrictions on parties to armed conflicts in the their choice of weapons, means and methods of warfare. States when develop or acquire new weapons should verify that it complies with these rules. Current progress by new technology indicates that is very important to continue to assess the legality of new weapons.
The importance of the research lies in the description of war within the framework of international law and Islamic jurisprudence, the extent of its legality, and an attempt to highlight the legal value of the rules of human conduct in the war for which Islamic Sharia has established, and how it dealt with some categories of fighters (prisoners for example), and comparing it with the international conventions and treaties regulating this conduct in the field of international humanitarian law.
As for the research problem, it is an attempt to establish the rules of human behavior in war, which came in The Hagu
... Show MoreThe prevailing pattern of child abduction has changed in the current era, and is no longer limited to the local borders of states but is taking an international turn, and the most accurate legal use of the term international child abduction originates in the Hague Convention on the Civil Aspects of International Child Abduction, which considers-as the naming of the convention suggests - In cases of kidnapping from the point of view of private international law, the essence of it is a bitter dispute over custody rights that develops to the point of abducting children across borders, to try to obtain custody of the child in another country, so that the snap here is a family member and most often a parent, as it causes many legal consequenc
... Show MoreTargeted killings by unmanned aircraft are a dangerous means that threaten the human right to life, both in wartime and in peacetime. In wartime, international humanitarian law prohibits weapons that cannot respect general principles such as discrimination, proportionality and military necessities. In peacetime, all international instruments guaranteeing the protection of human rights prohibit attacks on the right to life, except in cases provided for by law, as well as extrajudicial executions.
الأحكام القانونية للجرف القاري في القانون الدولي
The International Court of Justice, as the main judicial organ of the United Nations in its ruling on the Barcelona Traction case, raised the concept of obligations Erga Omnes in international law, but this Latin term Erga Omnes has been used with different meanings and connotations. Through the extrapolation of the jurisprudence of the International Court of Justice, we note that it used the term In the context of its traditional meaning of expressing issues related to protest and legal interest at times, and the issue of international law enforcement at other times, it also used the same term to justify the application of the effects of some international treaties on states that are not party to it, or the application
... Show MoreInternational bankruptcy is a legal system for those who take trade as a craft and stop performing their obligations of an international character as a result of a defect in their financial position. Legislative jurisdiction in cases of international bankruptcy is one of the most important topics of international bankruptcy by researching the position of national and comparative legislation by determining the applicable law such as the law of the court that hears the dispute or the law to which the attribution rule refers.
International law has proven that it is an evolving and flexible law over the years, and despite that, this development takes a very long time, as the concept of peremptory norms took 83 years to crystallize and have concrete and impactful applications, and within this development another modern concept emerged, which is the obligations Erga Omnes in the Barcelona Traction case 1970. We have concluded that these two concepts fall under a broader concept, which is peremptory norms, and this concept represents the common supreme interests of the international community, and consists of rules that transcend all other rules in international law, and it is not permissible to derogate or deviate from them. On the other hand, it bears the oblig
... Show MoreThe title of this research is "The Special Conditions for the Crime of Extradition in Accordance With International Law Provisions and Iraqi Law." The examination of the conditions of extradition is of paramount importance because it establishes the general provisions on the basis of which extradition is made, if such conditions are met at the time of the issuing of the extradition decision. Crimes vary according to their types, gravity and description. For this reason, the conditions for determining the crimes in which extradition is permissible have been established. These conditions are that the crime committed is of a certain gravity. The second condition is dual criminality in the requesting State and the States to be extradited; th
... Show MoreThe terrorist threat has increased dramatically over the past three decades. After terrorist attacks were carried out in traditional ways and left limited victims and casualties in targeted groups and installations, they were carried out in very precise and sophisticated ways, benefiting from modern technology and losing huge losses, Or property and installations ...
Until recently, terrorist operations were usually aimed at hijacking civilian aircraft, abducting individuals, taking and holding hostages (prominent figures, diplomats and even private individuals), as well as dropping bombs and planting unexploded ordnance, but their dangers now escalated depending on the development of the means used and t
... Show MoreThe destruction and protection of cultural property has been a feature of armed conflicts for thousands of years and it has received increasing international focus over the past two decades. This feature was clearly appeared during the recent armed conflict in Iraq. During the conflict, cultural property was subjected to intentional and organised destruction by members of ISIS. Although there are international legal norms to protect cultural property during armed conflict, however, this destruction has proven the failure of those rules to effectively deter these criminal acts. This Article analyses the framework of international law relevant to the protection of cultural property during of armed conflict in the light of that destruction,
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