Document Type
Original Study
Abstract
International legal thought distinguishes between interests, which are two interests of the state, the first of which is subjective and the second of which is objective. This distinction appears clearly in the texts of international agreements and treaties in which the objective nature is highlighted, as stated in the United Nations Charter, from its preamble to its scattered objective texts related to the preservation of international peace and security, to be set in other forms, including human rights and international humanitarian law. Today, public international law makes the violation of international obligations a basis for responsibility, whether those essential obligations related to the interests of the international community as a whole are violated, or international humanitarian law, which is characterized by the essentiality and objectivity on which the purpose of international law is based and the reason for most of its provisions due to the obligations it imposes. It was necessary to state what happened in terms of violating its rules and restricting the establishment of responsibility here and there, so that the law is characterized by weak protection under the pressure of international politics. Therefore, stating the objectivity of responsibility resulting from the use of prohibited weapons constitutes a basis for international responsibility, until the study strengthened its hypothesis of the existence of violations by citing the rulings, decisions and fatwas of the International Court of Justice.
Recommended Citation
Ali, Yasir Hussein
(2024)
"The objective nature of international responsibility for humanitarian violations
using prohibited weapons,"
Imam Ja'afar Al-Sadiq University Journal of Legal Studies: Vol. 4:
Iss.
1, Article 8.
Available at:
https://ijsu.researchcommons.org/ijsu/vol4/iss1/8