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Contribution of the International Court of Justice to the development of the principles of international humanitarian law

مساهمة محكمة العدل الدولية في تطوير مبادئ القانون الدولي الإنساني

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 Publication date 2018
  fields Law
and research's language is العربية
 Created by Shamra Editor




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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.



References used
ZAKARIA،J- AL DABBAS،M، 2014- International Humanitarian Law between Theory and Practice.Syrian Virtual University Publications، First Edition، Damascus، 189 pages
CHETAIL،V،2003،The Contribution of the International Court of Justice to International Humanitarian Law،International Journal of the Red Cross،No.850،pp168-209
Rules of the International Law Commission on State Responsibility of 2004
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The importance of the study of the environment under international humanitarian law to the exposed developing countries to global marginalization led by the major industrialized countries redeployment of polluting industries to the environment in the south of the developing regions under the slogan of contributing to the development of developing countries, and in this context, we must address the requirements of environmental protection in the international humanitarian law remained and the efforts being made for it, especially at the time of wars and armed conflicts
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
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.
This research shed light on the concept of human security and the new values it adds to the current concepts in international law. It starts with identifying human security and its elements and the main mechanism to achieve it, through what will be presented of the work of publicists and international bodies. Then it proceeds to the international changes that led to its appearance, and the criticisms that were directed to this concepts, and the main international bodies that work in this field, whether inside or out side the structure of the United Nations, to conclude with the similarities and diffrences between human security one the first hand and human rights and traditonal concepts of security on the other had.
nationality legal system that does not concern only the state but rather a means to determine the population element where and is for human tool set for the distribution of individuals internationally between states and political units, is consider ed sexual For individuals a personal right for those who enjoy it depends upon designate the amount of the rights enjoyed by and dependent upon appointment Applicable law, so it is necessary that the individual is attributed to the state of the world and the associated Association of nationality and of his interests and his right to defend this status and required the state to recognize him out and respected, is linked to nationality law problem of conflict of nationalities, both dual citizenship when he enjoys the individual more than one nationality, and statelessness in the case do not enjoy any individual nationality and we will in our study, both the problem of the conflict of nationalities and their effects on the individual and the state and the community international.

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