التدخل الأنساني العسكري في ظل أحكام القانون الدولي " العراق دراسة حالة"
The Research addresses the Military Humanitarian Interference of the International Law and uses “Iraq as a Model” through the Research examine it provisions and identifies its international liability as basis for Humanitarian International Interference in general. To achieve the goa;s of this study,...
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| Summary: | The Research addresses the Military Humanitarian Interference of the International Law and uses “Iraq as a Model” through the Research examine it provisions and identifies its international liability as basis for Humanitarian International Interference in general. To achieve the goa;s of this study, the Researcher adopted the descriptive and comparative approaches to analyse the provisions of the International Law and International Agreement regulating the Military Humanitarian Interference, it also demonstrate the opinions of scholars of International Law and International Resolutions regulating or governing this area and to monitor and analyse the Military Humanitarian Interference in Iraq in the years between 1991 to 2012. The problem of this research is that,as a result of the Humanitarian Military Interference enacted by the humanitarian and international legislations,which was misused by the powerful countries to invade the third world countries.The problem also lies on the facts that some powerful countries, mainly USA and Great Britain, interfere military on the sovereignty of the developing countries under the humanitarian motives, whether or not such interference is consented by such countries without recourse to the UN or the Security Council. Furthermore,the Security Council is unable to take fair decision on such interferences and violations, which is the reason behind the interference of powerful countries into the sovereignty of other countries without the mandate from the international community by taking the advantage of the absence of international consensus to hold the Security Council members accountable according to the principles governing the humanitarian interference right.For example, the invasion of Iraq by the USA and the Great Britain in 2003 was a shining example. This Research reached a set of conclusions,mainly the weakness of the Humanitarian International Law and the absence of any binding terms and its ineffective method of implementation added to to that is Geneva Protocols which are free of any incident investigation and evidence assessment mechanisms in respect of on the violation of human right in the conflict areas which requires the international community’s protection through the higher committee. However, there are other impediments that arise for example the USA and the UK dominance of any decision that may affect their national interest especially within the Security Council. |
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