Protection of Civilians in National Armed Conflicts A Comparative Study Between Iraqi Law and Islamic Law

Author:
Hameed Hamad Thamer Al-Nassar
Level:
Master
Field of study:
Law
Language:
Arabic
Faculty:
Faculty of Law
Year:
2022
Publisher:
URD Press
Supervisor(s):
Mostafa Zaki

The issue of civilian protection in armed conflict is the essence of humanitarian law and is one of the priorities of domestic human rights law, which has made it an important issue in terms of the real responsibility for providing this issue. To resolve the civilians who are involved in the conflicts, especially the internal conflicts. Nevertheless, we find that civilians have suffered the most in the internal armed conflict, especially in the conflict in Iraq, which discusses the legal role of resolving this issue and providing protection to civilians. Therefore, this study seeks to present this problem and examine possible solutions in the legislative process and examine whether Iraqi legal mechanisms are sufficient to achieve this goal in providing protection to civilians in internal armed conflicts. This is achieved in the context of a comparative analytical approach to examining the issue and discussing solutions to difficult comparisons between Iraqi law and Islamic law. Some studies on the protection of civilians are generally related to the doctrinal and ideological perspectives of Islamic law and international humanitarian law, but have not discussed Iraqi law or its role in its protection. Civilians in armed internal conflicts and its adequacy and efficiency in playing this role and discovering its shortcomings and hence the importance of discussion in this field in this research that provides a practical perspective that in its comparative study concludes that Islamic law has important provisions Which lays, increases. There are laws in humanitarian law to protect civilians, but due to the lack of legal experience in the present age to talk about Islamic law politically, there are no enforcement mechanisms. There is also a need for further reform of international humanitarian law, which clarifies the role of civilian protection agencies and enables them to play a greater role. The subject matter and evaluation method have been used in data collection by following the conscious methodology in analytical research.