Protection of civilians in non-international armed conflict from the perspective of international humanitarian law (Legal study)


Abstract International and non-international armed conflicts (Civil War) - which must be distinguished from what has been suspected by other types of conflicts - in case they break constitute grave imminent danger especially natural persons, whether they are individuals who participated in the fighting and then become unable or left the fighting because of injury or falling in capture, or those who do not participate in the fighting, especially defenseless civilian population which their lives may be at risk because of that caused by the armed conflict of catastrophic and serious effects threaten their lives and their entity and their sources of livelihood, thereby forcing them to flee and forced displacement of their areas of residence which revolve in the raging hostilities, creating a state of grave violations of fundamental human rights of this category of people often up to war crimes and crimes against humanity and even genocide, which requires legally urgent intervention to confront and address the humanitarian catastrophic situation resulting from armed conflicts specifically, the internal armed conflict (Civil War). The rules of international humanitarian law embodied by the Four Geneva Conventions of 1949 and their Additional Protocols of 1977, gave serious concern in their provisions to the protection of natural persons, wounded and sick, prisoners and the civilian population. The international community had to find international rules and effective international legal systems to face the very serious humanitarian phenomenon generally, caused by the armed conflict and particularly, caused by the internal armed conflict namely the phenomenon of refugees and displaced persons within their own country (IDPs). These legal rules and regulations are embodied in the Convention on the Legal Status of Refugees of 1951 and the Protocol of Legal Status of Refugees of 1967. Although the efforts done by the International Committee of the Red Cross and United Nations High Commissioner for Refugees and other specialized institutions in the face of the phenomenon of refugees and displaced persons (IDPs), but still these people are suffering from very difficult inhuman conditions which requires the intervention of the agreement not only at the international level, but on national one too, but especially also by the state which military operations are taking place on its territory, it should work to find a capable and effective legal rules so as to face and treat sever conditions of (IDPs) and refugees, and it must enter into international humanitarian agreements, not even the countries which are not included in the international Criminal Court System of the Rome Statute of 1998 that they should join this system in order to reduce serious violations of international humanitarian law. Furthermore, the countries concerned should take all necessary measures and effective procedures in order to put an end to the suffering of displaced persons (IDPs) and providing the requirements of free and dignified life such as what they were before their forced displacement and their displacement from their home areas.