Consistutional and international guarantees protection in voluntry displaced in Iraq

The wars and internal conflicts ,  international and non-international strifes represent a phenomenon that has accompanied and associated humanity since ancient times through the passage of history.

However, its increase in its frequency in recent times has resulted in many violations of national laws, the rules of international humanitarian law and international covenants related to human rights.

 The most important of these violations is  forced displacement that some countries are subjected to, including the cases of involuntary  displacement that Iraq witnessed in the period before and after the topple  of the former regime, in which the crime of forced displacement considered among the most serious crimes leaving negative impact on the society in general ,  and despite the presence of signs to protect civilians from these criminal acts ,  it is then being necessary  to find  a constitutional and international guarantees concerned with providing the  protection of the forcibly displaced and putting end  of violations committed against them through various administrative and legal means, until these rules evolved from indirect references to direct references to the prohibition of displacement in some legal texts of constitutions, penal legislation , in international conventions and charters.

At the national level, the Iraqi legislator did well in 2005 when he enacted some penalcodes , establishment of national institutions , after that , the international community well did in enhancing the efforts to eliminate the forced displacement , but despite all this evolvement , but it were not sufficient to contain all cases of crimes commission and its elimination ,besides the few national laws in which dealing this subject directly, If this indicates anything, then it indicates the lack of seriousness of states and their commitment to what is stated in these laws and charters, joining them and taking a set of internal measures and harmonizing them with international laws, so the lesson is not in the development of texts, but rather their real application on the ground, and this  analytic  study have relied on the historical approach, through our discussion of the historical development of forced displacement in civilizations and monotheistic religions, we also adopted the descriptive and analytic approach of some texts of laws and legislation that came in national constitutions and international agreements that dealt with this topic.

for that purpose ,the goal of this study was to stand and work on recognizing the most important international  constitutional guarantees in which stipulated in   National and international constitutions , international charters and addressing the deficiencies  involved in them and the extent of their sufficiency in providing the necessary protection for the forcibly displaced, preserving their basic rights and freedoms, and lifting  their injustice.

The research concludes with conclusion in which we explained the most signifcant results and recommendations , among such results are :-

1-  We come to  conclude from this study the diversity of constitutional guarantees, among which is the general nature related to the protection of fundamental human rights and freedoms represented by the existence of a written constitution that includes constitutional principles, and there are constitutional guarantees for the protection of forcibly displaced persons represented by the texts contained in national constitutions, laws and punitive legislation that prohibit forced displacement as well as national institutions.

2-There are general international guarantees represented by international organizations and agencies such as the United Nations and the International Bill of Human Rights, and there are special international guarantees in the prohibition of forced displacement, such as the Fourth Geneva Convention, the two Protocols to the four Geneva Conventions of 1949, and the International Criminal Courts.