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Criminal protection of mass graves under the provisions of international humanitarian law

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 noted that there is a close relationship between the crime of murder and genocide.

 In its commentary on the crime of genocide as one of the inhuman acts in its definition of crimes against humanity that violates the peace and security of humanity, we have noted this link and the most important thing that distinguishes them from each other is the direction of the nature of genocide against a group of individuals. Where the act committed for the commission of the crime includes the element of mass destruction found in the crime of mass graves that is not required by the crime of intentional murder.

Regarding the application of international humanitarian law in Iraq, Iraq, despite its ratification of many international humanitarian law conventions, and whether the conflicts that took place in Iraq were in time of war or in time of peace, the previous regime overruled all international humanitarian law conventions by actions that He committed it against his people, including the act of killing or genocide represented by thousands of mass graves, which constitutes a legal act that must be punished and held accountable because when the Iraqi state recognized these rights and committed itself to treaties protecting them and signed the Universal Declaration of Human Rights, the Iraqi state and the issue of the regime must be held accountable for violations against These rights and non-compliance with their provisions, and the necessity of legal responsibility for these proven violations against the basic rights of the human being in Iraq, including his right to life, security, residence and freedom of movement and not forcing him to leave his home, stealing his property and forcibly transferring him to remote places in Iraq far from His usual place of residence and failure to give him the freedom for voluntary and safe return, as it is not sufficient for the state to agree to treaties Or the declaration or international covenants, but they must be respected and be subject to responsibility when violating them.

The principle of national sovereignty or the issue of interference in the internal affairs of the state cannot be invoked to get rid of international obligations.

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Publication Date
Sat Dec 01 2018
Journal Name
Political Sciences Journal
Protecting woman during armed conflicts under the development of international humanitarian law

The 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....

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Publication Date
Sat Aug 20 2022
Journal Name
Journal Of Legal Sciences
The crime of ethnic cleansing under international criminal law

Ethnic cleansing is the systematic forcible removal of ethnic and religious groups from a specific area, with the intent of making the area ethnically homogeneous. Direct deportation is accompanied by genocide, rape, and destruction of property, so the crime of ethnic cleansing can be considered a crime against humanity and can be included in the Genocide Convention.

Ethnic extremism is a concept linked to the use of violence and weapons by a strong party against a weaker party. Extremism and fanaticism are often behind such a crime with the aim of obliterating or concealing the oppressed group in a particular geographical area.

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Publication Date
Thu Jun 15 2023
Journal Name
Journal Of Legal Sciences
Criminal Protection for the Scientific Certificates in the UAE Law : A Comparative Analytical Study

At present, a scientific certificate has great importance as an indicator of the level of the educational qualification of a person, and a criterion on the basis of which job appointments are made. The title is granted by the scientific certificate. The status of the scientific certificate has had a dual effect. On the one hand, it encouraged persons to pursue educational attainment in order to obtain the highest scientific degrees and the associated moral and material advantages, and on the other hand. It prompted some to seek scientific degrees by any means or method and at any price in order to benefit from these advantages. This situation led to the emergence of unlicensed and fake universities that do not have a real presence on rea

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Publication Date
Wed Feb 10 2021
Journal Name
Journal Of Legal Sciences
The Prohibition of Perfidy in International Humanitarian Law

This 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

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Publication Date
Thu Feb 11 2021
Journal Name
Journal Of Legal Sciences
Autonomous weapons in the light of the principles of international humanitarian law

This paper deals with "the prohibition of autonomous weapons in the light of the principles of international humanitarian law", The autonomous  weapon is the newly developed type of weapon, and it is the latest of the genius of the human race in finding another "automatic" race to undertake combat operations on its behalf, However, this matter was not left at all, Rather, each party to the armed conflict must abide by the principles of international humanitarian law to avoid the harmful effects of that weapon, In particular, adherence to the text of Article 36 of the First Additional Protocol of 1977, which obliges the Contracting Parties to conduct a review of their weapons before their launch to find out what is prohibited and per

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Publication Date
Sun Dec 01 2013
Journal Name
Political Sciences Journal
The legal provisions of the continental shelf in international law

الأحكام القانونية للجرف القاري في القانون الدولي

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Publication Date
Sat Dec 24 2022
Journal Name
Journal Of Legal Sciences
The Role of National Committees in Applying International Humanitarian Law - Iraq as a Model

        In many countries there are national committees for the implementation of international humanitarian law that aim to advise and assist their governments in implementing international humanitarian law and spreading knowledge about it. The responsibility for the formation of these committees rests with the states, supported by the International Committee of the Red Cross, as one of the ways to ensure the effective implementation of international humanitarian law. The national committees for international humanitarian law seek to urge governments to implement and ensure respect for international humanitarian law and to contribute to its enforcement and dissemination at the national level.

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Publication Date
Sat Sep 14 2019
Journal Name
Journal Of Legal Sciences
Extent of the Legality of the Use of Drones in International Humanitarian Law

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.

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Publication Date
Sat Apr 10 2021
Journal Name
Journal Of Legal Sciences
Medical identification in mass graves and its role in criminal evidence

Medical identification  is deemed  of  the most important evidences   in the criminal  investigation   on massive  cemeteries, as it is identified  the   unknown  individuals   either alive or died. Whereas the victims of  massive cemeteries are individuals were murdered  and then buried or  buried   alive and  thence   identifying   the bodies of the victims   should be evaluated   technically  and  need   medical experience  by checking  its   apparently or  internally (anatomically)  by  expert (Forensic  Medical Doctors)  to ma

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Publication Date
Mon Dec 25 2023
Journal Name
Journal Of Legal Sciences
Internal criminal protection mechanisms for children of unknown parentage

Although the national law was found in order to provide protection for all members of society against crime، there are some groups of society that need more protection، due to the situation in which they are from these groups. They are of unknown parentage، and in order to provide appropriate criminal protection for their situation، it must first Determine who are the owners of this category and then examine the extent of the adequacy of criminal protection provided by penal laws for this category of society from the danger of crimes affecting their lives and their physical and mental integrity..

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