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LEGAL BASIS OF INTERNATIONAL HUMANITARIAN LAW AND ITS APPLICATIONS IN ARMED CONFLICTS (AN ANALYTICAL STUDY OF THE NATURE OF LIBYAN CRISIS)

LEGAL BASIS OF INTERNATIONAL HUMANITARIAN LAW AND ITS APPLICATIONS IN ARMED CONFLICTS (AN ANALYTICAL STUDY OF THE NATURE OF LIBYAN CRISIS)

LEGAL BASIS OF INTERNATIONAL HUMANITARIAN LAW AND ITS APPLICATIONS IN ARMED CONFLICTS (AN ANALYTICAL STUDY OF THE NATURE OF LIBYAN CRISIS)

 
Yazar : Mohammed Othman Mohammed Sola    
Türü :
Baskı Yılı : 2021
Sayı : 61
Sayfa : 106-124
DOI Number: :
Cite : Mohammed Othman Mohammed Sola , (2021). LEGAL BASIS OF INTERNATIONAL HUMANITARIAN LAW AND ITS APPLICATIONS IN ARMED CONFLICTS (AN ANALYTICAL STUDY OF THE NATURE OF LIBYAN CRISIS). Route Education and Social Science Journal , 61, p. 106-124. Doi: 10.17121/ressjournal.2969.
760    648


Özet
In this research, which is entitled. I will address a number of problems related to the rules of international humanitarian law and their applicability to international and non-international conflicts. This will be conducted according to a scientific methodology centered on dividing this research into two chapters which preceded by an introductory in which I spoke briefly about the development of the concept of international humanitarian law and the most important historical milestones that it has gone through since ancient times. The first chapter is devoted to theoretical rooting. Firstly, it deals with the concept of international humanitarian law in the context of international conflicts. Secondly, it deals with its concept in the context of non-international conflicts. Thirdly, I concluded this chapter with the dialectical relationship between international and humanitarian law and international human rights law. I devoted the second chapter to the practical aspect, which I consider to be of great importance, as I linked it- relatively- to theoretical rooting, as I indicated in the first chapter. It is devoted to the Libyan crisis and what international humanitarian law stipulates in the context of the violations committed. In this context, dealt with violations and abuses against prisoners and detainees, and violations against civilians, especially women and children, who are most affected by international armed conflicts. I concluded this chapter with the violations that cultural institutions and places of worship are exposed to, which represent spiritual and civilizational value for peoples. finally, I reach the conclusion of the research, which contains a number of results and a number of recommendations and suggestions that may contribute in one way or another to the development of the rules of international humanitarian law. It may also contribute to the reduction of impunity, and the consideration of the human being as value in itself worthy of legal protection regardless of the nature Armed conflict is international or non–international.

Anahtar Kelimeler
Libyan Crisis, International Humanitarian Law, Legal Basis.

Abstract
In this research, which is entitled. I will address a number of problems related to the rules of international humanitarian law and their applicability to international and non-international conflicts. This will be conducted according to a scientific methodology centered on dividing this research into two chapters which preceded by an introductory in which I spoke briefly about the development of the concept of international humanitarian law and the most important historical milestones that it has gone through since ancient times. The first chapter is devoted to theoretical rooting. Firstly, it deals with the concept of international humanitarian law in the context of international conflicts. Secondly, it deals with its concept in the context of non-international conflicts. Thirdly, I concluded this chapter with the dialectical relationship between international and humanitarian law and international human rights law. I devoted the second chapter to the practical aspect, which I consider to be of great importance, as I linked it- relatively- to theoretical rooting, as I indicated in the first chapter. It is devoted to the Libyan crisis and what international humanitarian law stipulates in the context of the violations committed. In this context, dealt with violations and abuses against prisoners and detainees, and violations against civilians, especially women and children, who are most affected by international armed conflicts. I concluded this chapter with the violations that cultural institutions and places of worship are exposed to, which represent spiritual and civilizational value for peoples. finally, I reach the conclusion of the research, which contains a number of results and a number of recommendations and suggestions that may contribute in one way or another to the development of the rules of international humanitarian law. It may also contribute to the reduction of impunity, and the consideration of the human being as value in itself worthy of legal protection regardless of the nature Armed conflict is international or non–international.

Keywords
Libyan Crisis, International Humanitarian Law, Legal Basis.

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