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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)
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.