EFFECTS OF ARMED CONFLICTS ON HUMAN RIGHTS TREATIES:
(Study on the work of
The International Law Commission)
Mohammed Adnan Ali Al Zeber ((*
Abstract
The
human rights treaties have common
element with the other international treaties; the international practices or
the jurisprudential studies did not agreed upon a general principle to define
their validity in the case of the armed Conflicts, in addition it became
difficult to define which of these armed
Conflicts affect the international treaties status because the term refers to
different conditions according to the
dispute level or degree, the concerning
treaties nature and the concerning countries relation which makes forming rules
applied on all cases of extreme difficult. As a result there is great
difference in the practicing of the countries that dealt with it, in the
political courts and administration, with justified caution.
The International Law Commission realized
this difference and ambiguity so it adopted this subject in one of its projects
to define and unify the international practices and remove the ambiguity. It
defined the armed Conflicts term in order to define the one that affect the
international treaties status by adopting the definition of the criminal court
of Yugoslavia in the case of the public
prosecutor against Tadic in 1995 after
prolonged debates among the member of The International Law Commission. This
had been dealt with in the first topic of the first chapter of this thesis
after reviewing the jurisprudence, the legal texts attitudes and judiciary towards the concept of the armed dispute,
while the second topic deals with the concept of human right treaties by
defining and classifying them and defining the judgments nature, all under the
title ( the concept of the armed Conflicts and the human rights treaties).
For the general principle which control
the validity of the international treaties during the armed Conflicts with
which the researcher deal in the second chapter that entitled ( the human
rights treaties validity during the armed Conflicts), The
International Law Commission adopted the general principle of the international
institute of law in dealing with the effect of the armed dispute on the
treaties during the Helsinki Olympics 1985. So the armed Conflicts, alone
resulted does not result in ending or moratorium the international treaties,
rather they subject to a set of tests to define its validity under the armed
Conflicts condition, this was studied in the first topic of this thesis which entitled ( The general principle of the treaties validity during the armed
Conflicts).
The second topic is entitled (The human
rights treaties validity according to its subject) , it exhibits all the issues relating the
validity of the human rights treaties during the armed Conflicts such as the
international reports and decisions issued by the U.N staffs, the previos
judiciary issues , jurisprudential studies and the comments of The
International Law Commission concerning the human rights treaties as well as
the role of specializing rule in defining the human rights treaties validity during the armed Conflicts.
The emphasizing of the human rights
treaties validity during the armed Conflicts according to its subject does not
mean neglecting the rules or judgments of these treaties which, sometimes,
define its their validity in such condition. Anyway, the conditions of the
validity of the international treaties, including the human rights treaties,
are not sudden or unplanned ones, rather there are some procedural and subjective conditions imposed
on the country that want to refer to validity, and that what is studied in the
third chapter which is entitled ( the casuals and conditions of the human rights treaties validity during the
armed Conflicts) within two topics :- ( the casuals of the human rights treaties validity during the
armed Conflicts) and (the conditions of
the human rights treaties validity during the armed Conflicts),
respectively.
The importance of studying the human
rights treaties validity during the armed Conflicts lies on that the status of
the human rights treaties during the armed Conflicts occupies a great deal of
the attention of the many countries and international bodies concerning human
rights. Moreover human rights treaties are on the same level of the
international human law treaties in that both care for providing protection for
Man in the condition of the armed Conflicts and its validity enhances and
completes the judgments of the human international law.
Comments
Post a Comment
يرجى مشاركة ارائكم ومقترحاتكم