the effectiveness of the international humanitarian laws' applying mechanisms

Abstract

After the establishment of the rules of the international humanitarian law and their completeness, the concern of the researchers’ thought and minds became the effectiveness of those rules in limiting the abuses and crimes that occur during armed conflicts, and whether the mechanisms stipulated by international humanitarian law conventions can play a role in achieving the effectiveness of the provisions of this Law. This study investigates the mechanisms of the application of international humanitarian law, and their effectiveness in reducing violations of the provisions and rules of international humanitarian law. In this study, the researcher used the analytical, descriptive and inductive approach. Study most important findings: Each party of the international humanitarian law conventions should abide by whatever is necessary to ensure the compliance of all authorities and persons under its control by the rules of the international humanitarian law. The modern era disputes have revealed the lack of countries’ respect of the provisions of the international humanitarian law, and that the international humanitarian law has several mechanisms to ensure its implementation at the internal and international levels; however, the lack of the countries engaged in the armed conflict of the political will and practical ability to afford its commitments resulted in the inability of the international humanitarian law to achieve its objectives. The four Geneva Conventions and their additional Protocols have proved to be ineffective, as it is illogical to demand from countries to prosecute and punish their army leaders or members in front of the national judiciary system for committing serious violations in the wars between nations, while these violations usually take place at the orders of their leaderships. Study most important recommendations: It is necessary to amend the four Geneva Conventions so that the agreements could provide for the means that could be used by countries to impose respect for the international humanitarian law. There is also a need for providing for the International Criminal Court as a punitive mechanism of the mechanisms of the international humanitarian law. There is a need for the activation of the Palestinian National Committee for International Humanitarian Law, and the Committee should carry out its functions contained in the Presidential Decree concerning its establishment, especially with regard to the deployment of international humanitarian law. The Palestinian Authority should request the United Nations to establish a special criminal court to prosecute the Israeli officials for their serious violations of the international humanitarian law.