The role of the UN Security Council in the implementation of the
rules of international humanitarian law through the authority
granted to him under Chapter VII of the Charter of the United
Nations if it is exposed these rules are violated, especia
lly when
committing war crimes, crimes against humanity and genocide,
which is a threat to international peace and security.
Under Chapter VII of the Charter of the United Nations Security
Council to resort to measures stipulated by articles 41 and 42 of the
Charter, including economic sanctions and responded to in Article
41, for example, but not limited to, the use of armed force contained
in Article 42, in order to ensure respect for the rules of law IHL and
thus keeping international peace and security, but that practice has
proved the failure of the Security Council this task in many areas of
the world, but on the contrary, the international forces operating in
order to maintain international peace and security committed crimes
in violation of international humanitarian law and targeted many
civilians.
And reflected the role of the Security Council is also in the
implementation of the rules of international humanitarian law
through the establishment of criminal tribunals temporary, such as
those established in the former Yugoslavia and Rwanda, and its
relationship with the International Criminal Court after the Rome
Statute in 1998, and the evaluation of this power and the
relationship to refer the crimes without the other, which contributed
to the realization of the principle of duplication and giving priority
to political considerations at the expense of international justice that
the world today desperately need it.
The role of private security companies in the armed conflicts like training,
intelligence, consultation and sometimes fighting has led to consider them, one of the
contemporary challenges that international humanitarian law is facing.
The legal st
atus of "private contractors" in contrast with combatants, the
absence of hierarchy command for private contractors make it hard to ensure their
respect of international humanitarian law, or even sue them in case of violations.
The initiatives for self or international regulating of private companies to
ensure their respect of international humanitarian law still UN effective and didn’t
resolve the contracting and the relative states from their responsibility
تهدف هذه الدراسة إلى التعريف أو التذكير بهذه القواعد في ضوء ما استقرت عليه العلاقات
الدولية في بداية الألف الثالثة للميلاد، و محاولة تحليل الأحداث التي تمر بها المنطقة من وجهة
نظر القانون الدولي لتثبيت الوقائع و تحديد الانتهاكات المرتكبة بحقنا نحن شعوب هذه المنطقة.
The international court of justice is the main judicial body to the United Nations. It
functions whereby a statute، which is considered an integral part of the Charter of
the United Nations، and the court leads a role represented in resolving legal
disputes raised by member states، and providing advisory opinions in those legal
issues referred to the court by United Nations bodies and authorized specialized
agencies.
The widespread dissemination of the above-mentioned rules and the establishment of an
international criminal court will greatly contribute to opening the way to breaking this
vicious cycle and achieving the objective of establishing legal norms tha
t protect human
beings during armed conflicts of both types. And the motives of the International Criminal
Court and the legal rules governing its work and its functions and its impact on society.
The United States of America is one of the most countries that evade international judicial
justice and in violation of the rules of the International Criminal Court through the issuance
of several types of laws: First - laws that prevent the trial of any citizen or a US soldier
before the international judicial body to be the jurisdiction of the US domestic courts.
Second, resorting to bilateral and special treaties with countries on whose territory US
military bases are located, so that if their soldiers commit international war crimes, the
jurisdiction of the US military courts shall be exclusive and not within the jurisdiction of
the International Criminal Court.
