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Title:	Fallujah battles : protection of civillians according to international law
Authors:	Tareq Hamid Mahmood (P51591)
Supervisor:	Rohaida Nordin, Dr.
Keywords:	Civil Law Fallujah battles
Issue Date:	2011
Description:	The Fallujah Battles of 2004 are two of the worst humanitarian disasters in recent human history, marked by the murder and displacement of hundreds of thousands of people in Fallujah City, Iraq. The wars raised a number of concerns regarding international legislation and legal bodies that may ensure the protection of human rights, such as the International Humanitarian Law (IHL) - which covers several principles such as the treatment of prisoners of war and of civilians in occupied territory - and the International Criminal Court (ICC), which serves to administer matters that might generally be described as serious human rights violations that require protection of civilians. The aim of this study was fourfold: firstly, to identify the laws and conventions that confer protection to civilians during war; secondly, to highlight the crimes committed against civilians by Coalition Forces in Fallujah between April and November 2004; thirdly, to determine the jurisdiction of the ICC over crimes committed by nationals of Non-States Party to the Rome Statute; and fourthly, to identify the means and ways presented by the IHL and ICC to mitigate the sufferings of civilians throughout periods of war. The research was essentially qualitative in its approach, and based on secondary data. The findings of the study indicated that the Coalition Forces have violated a number of tenets of the Geneva Convention during the Fallujah Battle, especially their persecution and murder of civilians without legal conviction ― mostly women and children ― and particularly violated the Common Article 3 of the Geneva Convention. Evidence showed that the Iraqi civilians did not actively participate in any hostility, and were thus deserving of protection under the provision of the Common Article 3(1) (a) of the Geneva Convention. This study confirms that the ICC holds jurisdiction over the UK forces who perpetrated war crimes in Fallujah, since the UK is a member of Rome Statute. Conclusively, the study suggests that the respective governments must recognize the war crimes deliberated by their soldiers in the Fallujah Battle and must express their sincere apologies to all victims of those crimes. In this context, the study further suggests urgent reforms of the United Nations system.,Master/Sarjana
Pages:	104
Publisher:	UKM, Bangi
Appears in Collections:	Faculty of Law / Fakulti Undang-undang

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