Critical analysis of legal protection of civilians during the war on the islamic state of Iraq and Syria (ISIS) in Iraq 2014-2017

Abstract

The examination of the legal protections for civilians during the battle against ISIS in Iraq between 2014 and 2017 is an intricate and diverse subject, encompassing the convergence of international humanitarian law, human rights, and the practical challenges of contemporary asymmetric warfare. The primary focus of such an analysis would likely revolve around evaluating how effectively international legal frameworks, such as the Geneva Conventions and customary international law, were applied and adhered to in protecting non-combatant populations amidst the hostilities. Thus, the aims of this study are fivefold: Firstly, to identify the type of armed conflict against ISIS in Iraq. Secondly, to indicate and determine the victims of the armed conflict and the impacts on them. Thirdly, to critically analyze the extent of protection granted by parties to the armed conflict to civilians’ rights. Fourth, to determine the roles and contributions played by the UN bodies in protecting civilians' rights. A qualitative approach was utilized to critically analyze the primary and secondary data. The findings of the study indicated that the militants of the ISIS organization have violated a number of tenets of the Geneva Conventions during the battles in Iraq, especially their persecution and murder of civilians without legal convection (mostly women and children) and particularly Article 3 of the Geneva Conventions. Evidence showed that the Iraqi civilians did not actively participate in any hostility and were thus deserving of protection under the provisions of Common Article 3(1)(A) of the Geneva Conventions. Conclusively, the study suggests that all parties to the ongoing armed conflict must fully comply with their obligations under international humanitarian law and human rights law.