حماية المدنيين و الاعيان المدنية أثناء النزعات المسلحة الدولية

Abstract

By the evolution of the concept of armed disputes and its division into an international armed disputes and others non international, a need emerged as necessity to impose protection from the dangers ofthese disputes on the vulnerable category of people who are the civilians, which means those who do not carry weapons and are not involved a direct and a systematic manner in the operations of hostilities as well their civil belongs, the latter do not participate into an effective and spontanous contribution in the military action, whether by their nature or their location or their purpose or by their usage, and that by their destruction or capture or disable does not achieve absolutely any sure military advantage, that are usually dedicated to civilian purposes. And despite that the human and material losses of these armed conflicts are mostly of them civilians and civil belongs according to the statistics of non governmental organizations and the periodical reports of the Secretary General of the United Nations; yet that the protection of this category came lately and this by the emergence of the Fourth Geneva Convention of 1949, which was the first convention protecting this category, and followed by the First Additional Protocol of the Geneva Conventions issued on the year 1977 containing the protection of victims of the international armed disputes, for repairing some of the deficiencies found in the Convention, where in it came by a definition of the civilians and civil belongs and it added other new rules for protection. Also the rules of this protection enhanced by a set of mechanisms that oblige their application in reality, either those texted in the Fourth Geneva Convention or Protocol I, or those that mentioned by the United Nations Body and which tried to play an important role in the protection of civilians and their belongs, without forgetting the role of the International Criminal Justice to impose appropriate criminal sanctions on the violators of the rules of this protection when they committed international crimes touching civilians and civil belongs and thus they must submit their international criminal individual responsibility besides the responsibility of the civil state. Although, this protection even that was in theory is complementary to the presence of the legal rules for their application and the punishment of their violation, but in practice it remains weak and is activated hardly for many reasons that have been mentioned in this thesis.