The 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, and the Article considers whether there are gaps in that framework in relation to the attacks launched by ISIS as a Non-State Armed Group on Iraqi cultural property. By studying recent developments in applicable international law, this Article suggests the need for the international community to announce a third protocol to the 1954 Hague Convention in order to promote international law more effectively and to preserve cultural property for future generations.
The Iraqi people were subjected to the most brutal crime in the history of humanity when ISIS violated the rights system and targeted women, children, civilians, minorities, religion, belief and the right to education and committed many crimes of genocide and crimes against humanity and the abandonment of millions of citizens and the recruitment of thousands of children, which constituted a flagrant violation of human rights and international law It emphasizes the gravity of the threat to international peace and security by the organization and its associated individuals, groups, institutions and entities, including foreign terrorist fighters.
That the legal characterization
... Show MoreIn contest of the serious crimes committed by the gangs of the terrorist, it was necessary to shed light on how to prevent their impunity. Therefore, this research came to examine the composition of these gangs, their nature and source of funding, and then the nature of the crimes committed by them, and if their crimes fall in the International criminal law or only within the framework of the Iraqi criminal law, after that we were able to find out the nature of those crimes and thus the best mechanisms that represent the just punishment that these gangs deserve as a punishment for the crimes they committed against the unarmed civilians.
International 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.
Genocide and crimes against humanity have a distinct meaning in that they are particularly reprehensible attacks that constitute a grave assault on human dignity or constitute a gross humiliation or degradation of the dignity of one or more human beings, and they are not isolated and sporadic incidents.
That the crime of mass graves as a collective genocide is considered a mass murder of a group of people that is carried out on a discriminatory basis with the aim of their total annihilation as a race, people, or a distinct group that is culturally, culturally, linguistically or religiously independent, or for any reason that distinguishes them from humans, and this is what happened with the crime of mass graves in Iraq. We have n
... Show MoreTerrorist organizations have played a major role in annihilating cultural heritage in Iraq, and we study the terrorist gangs of ISIS. In June 2014,ISIS gangs launched a fierce war, attacking almost all ethnic and religious sects, in the midst of that, targeting cultural heritage sites. The destruction of cultural heritage by terrorist gangs is not a byproduct of violence, but a carefully planned and documented intervention. In fact, the cultural genocide committed by ISIS criminals in Iraq, as Well as being crimes in accordance with the Iraqi Penal Code, the Anti-Terrorism Law and the Antiquities and Heritage Law, amount to International Crimes. From this point of view, this research presents the attacks committed by ISIS criminals again
... Show MoreWar is one of the phenomena accompanying the human race since ancient times, so we find that the human element has mastered the use manufacture of weapons and worked on their development in order to provide means of protection and prevention from any external aggression by the enemies. The rapid developments on those weapons has led to an increase in their danger, Therefore, we find that the world limits their use production and that’s why many treaties have been concluded to dismantle them and limit their spread, and to preserve the security and stability of countries from the negative damages resulting from non-conventional weapons. From this standpoint, there are many existing international efforts to prevent the spread of non-conve
... Show MoreThis research id entitled "The Prohibition of Perfidy in International Humanitarian Law". International humanitarian law includes some international agreements that aim to regulate hostilities, and the use of tools and means of warfare (The Hague Law), Where there are many international rules that govern the conduct and management of hostilities, there are some provisions that limit the use of certain means and methods during armed conflict, Whether by prohibiting the use of specific methods of fighting, or prohibiting or restricting the use of certain types of weapons, The dedication of these rules to the law of armed conflict comes in implementation of the principle of the law of war, which restricts the authorit
... 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 international humanitarian law found the special rules to protect women meanwhile the armed conflicts whether international or non-international. These rules are adopted for woman because of two reasons : that she is from civilians and on the other hand that her special constitution demands a special protection. The international community's attention of women is increased as a result of the tragic situation that faced women around the world especially in the Middle East and particularly in Iraq during the American-British war and ISIS period, these two periods sort many negative effects that reach women such as captivity, slavery, sexual enslavement and rape women especially Yazidis and Christians....
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
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