التكييف القانوني لمسؤولية الدولة عن عملياتها في مواجهة التائرين عليها: دراسة مقارنة

Abstract

studies that are imposed by the rapid developments which the international community has known since World War Two specifically the incidents that took place in the previous years which are known as the Arab Spring in which countries began to confront revolutions that occurred in that in their territories with military operations or with other means in violation to the principles and rules of the law. In the event that the rebels in the country have clear legal position and established rights, then will this matter give that country the right to take necessary actions which make the rebels restricted in applying the said rights in a way that preserves the safety and security of that country exceeds its right to do so in an unfamiliar manner such as carrying out military operation? Should such action adapted by the country be included within the principle of sovereignty under which the state may take any action as long as such actions occur inside its own territories or can such actions lead to the rise of liability against the state? The queries above represent the basic core of the research and at the same time led the subject of international liability to occupy an important place among the international legal studies. The queries also raised a world-wide sharp debate especially by those who support the sovereignty of the state. The importance of this matter is augmented by the fact that the international community lacks legislative, judiciary and executive authorities in their integrated form. For all the above, an idea struck me to write about this subject and to make this study under the title: “Legal Adaptation of the State Liability in Confrontation with its Adversary rebels”. This subject has been handled in an introductory part (in accordance with the instructions of the deanship of Higher Studies of the University) in which the basics of the research were discussed in its first chapter. The second chapter deals with the previous studies. The other chapters of this research are as follows: Part One: This part defines the state responsibility, and it has been talked about through the following chapters: Chapter one: has been assigned to the definition the responsibility of the state in language and conventionally, and its types. Chapter two: handles the basis of state responsibility, and its conditions. These chapters are divided into topics and subjects according to the need and to the discretion of the researcher. Part Two: This part is handles the popular revolutions, and how they are confronted by the states in this contemporary era as per the Sharia and Legal perspective, and it has been talked about through the following chapters: Chapter one: this chapter is dedicated to the Sharia and Legal perspective to popular revolutions and their causes in the modern time. Chapter two: this chapter designated to the patterns of confrontation of the states to the popular revolutions in the modern time. Chapter three: handles the ways in which States have confronted popular revolutions in the contemporary time. These chapters are divided into topics and subjects according to the need and as per the discretion of the researcher. In the conclusion of the study the researcher reached a number of findings the most important of which are: The scope of the international liability stretches to include military operations carried out by countries against people revolting against, and that military operations carried by countries against their own rebellious citizen are considered international crimes to the extent that it became imperative to take action to prevent countries from violating the rules of international laws by carry military operations against their citizen. The conclusion also includes the lack of active mechanisms of preventing such countries from such behavior. Also the researcher presented a number of recommendations which include the necessity of the existence of an active international system of criminal accountability and the necessity of international collaboration of efforts to urge countries to sign the prime regulations of the permanent international criminal court which incriminates and punishes perpetrators of international crimes. The recommendation also points out to the necessity of setting up of some procedures to pursue and prosecute persons who commit international crimes