EFFECTS OF ARMED CONFLICTS ON HUMAN RIGHTS TREATIES
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.
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