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العنوان
المسؤولية الدولية لسلطة الاحتلال عن الإضرار بالإقليم المحتل :
المؤلف
عامر,أمين فاروق أمين .
هيئة الاعداد
باحث / أمين فاروق أمين عامر
مشرف / إبراهيم محمد العناني
مشرف / حازم محمد عتلم
مشرف / سعيد سالم جويلي
مشرف / محمد صافي يوسف
الموضوع
qrmak القانون الدولى.
تاريخ النشر
2015.
عدد الصفحات
500ص ;
اللغة
العربية
الدرجة
الدكتوراه
التخصص
قانون
الناشر
تاريخ الإجازة
1/1/2015
مكان الإجازة
جامعة عين شمس - كلية الحقوق - القانون الدولى
الفهرس
يوجد فقط 14 صفحة متاحة للعرض العام

from 461

from 461

المستخلص

Summary
The legal regime’s success depends on the persons who submit to it and their observance this regimes and their respect a legal rules related with it.
The rules of the international responsibility is consider very important on the international law, so a states, respect for this rules signifies the international law’s success in attainment its purposes.
therefore, the researcher chose the subject of the responsibility of occupation authority for harming an occupied territory as a foundation for this study, whereas The belligerent occupation is consider a grand international crime according to the international law, in most cases the belligerent occupation happens as a direct result to an aggressive war which became an illegal act in the purview contemporaneous international law, the humanitarian history provided that the belligerent occupation caused enormous moral and materialism to the belligerent territories and the civilian population, especially through the nineteenth century and the twenty century through the 1st world war and the 2nd world war, also through the Israelite aggressive war against Egypt, Palestine, Syria, and Jordan and through The American aggressive war against Afghanistan and Iraq in 2001,2003.
Therefore, this study aims to definition the legal nature of the belligerent occupation and definition the occupation authority and the definition of the international responsibility whether the civilian responsibility or the criminal responsibility and the legal impacts which consequent on it.
Whereat, the study showed the legal framework to the civil international responsibility in general, concerning, an explanation the civil international responsibility and the impacts of the civil international responsibility.
The study, also, cleared the abidance’s of the occupation authority according the customary international legal rules and the consensual international legal rules and the impacts of the civil international responsibility of the occupation authority and expedients to execution it.
The study show the criminal international responsibility for the occupation authority, concerning, the doctrinal directions which supported it and the doctrinal directions which deny it and the impacts of the criminal responsibility for the occupation Authority.
This study, also, interested by the occupied territory during period of the occupation according to the Geneva convention 4th 1949 and another international conventions and a charters and the development of the international responsibility and a range of its applicability on the occupation authority inasmuch is consider one of the moral personals on purview the contemporaneous international law.
The study clarify by searching that the United States excuses for war against Iraq and a rang of legality for the invasion and occupation Iraq and a rang of legality this excuses as a reasons for the war, especially, after the international community’s discovery that these excuses are fakes and the United States of America introduced this pretences as a facility to cunning the international community and for imparting to this war , for example, the American pretence about possessing Iraq the comprehensive destruction weapons and the Iraq,s relationship with terroristic organizations .
The study appears the real purportings to the American occupation to Iraq , for example , the American’s endeavor towards broadening its political , economic and militarist clout in middle east area and a control on petroleum sources .
The study showed the responsibility of the United State of America about the harming which injured the Iraq and the Iraqi people and its abidance about compensation Iraq and obstacles which precludes compulsion the United States of America by submission to the international law in general.
The study arrived at a number of the next results:
1-the occupation authority is considered responsible about a harming by the occupied territory for the acts which attributed to it or the acts which attributed to the others if the occupation authority shared with it in this acts.
2- The international organizations is considered responsible for the harming an occupied territory when its forces controlled on it according the rules of international responsibility.
3- The American occupation of Iraq infringed the international law for absence legal executions for an occupation.
4- The United State is obliged according the international law for a reparation Iraq about all damages which grew out of an occupation.
5-ther is several problems which to prevent implementation the rules of international law on The United of States for example it’s Non joining to the international criminal court and its position as a great force in the world and a permanent membership in a Council of Security and its using Veto to prevent its condemnation .
The study presented the following recommendations:
1-The International law commission must pursuance its efforts for legalizing the bill of the international responsibility for States as obliged international convention.
2- the importance of legalization a bill for an international criminal responsibility by the international law commission for punishment the states that commits the international crimes
3- The International community must performance immediate reformations for the United Nations especially the council of security to be more effective in maintenance of the international peace and security.