The protection of war victims under international humanitarian law: a study of the US and UK occupation of Iraq

• Main Author: Jassam, Tariq Hussein
• Format: Thesis
• Language: English; English; English
• Published: 2016
• Subjects: KZ Law of Nations
• Online Access: https://etd.uum.edu.my/9839/1/s95319_01.pdf; https://etd.uum.edu.my/9839/2/s95319_02.pdf; https://etd.uum.edu.my/9839/3/s95319_references.docx; https://etd.uum.edu.my/9839/
• Institution: Universiti Utara Malaysia

The international community has formulated special laws to protect human rights through the establishment of International Humanitarian Law (IHL) and international courts like the International Criminal Court (ICC). The problem statement in this study is divided into three categories: violation of Human Rights Iraq by the US and UK; lack of enforcement by the ICC to prosecute the officials; and the inability of Iraqi victims to claim compensation of war. It is purpose of this study is to identify the weaknesses in IHL that prevents the prosecution of war criminals from the US and UK; identify the jurisdiction of the ICC on violations of human rights, and analyse the compensation system under IHL and the Rome Statute. This study contributes to the development of IHL by suggesting a better protection mechanism for civilians during wars and during occupation by foreign countries. The methodologies adopted are doctrinal and qualitative methodologies which are mainly library research and data collection from interviews of the experts and war victims. The findings of this study revealed that there are crimes against humanity committed by military personnel from the US and UK in Iraq. However, no compensations have been paid to the victims and the perpetrators of war crimes have never been tried in any court of law. The study suggests that provisions in IHL that confer rights on a state and its armed forces to cause damage to properties during times of war or occupation should be repealed. It is suggested that broad definition of victims in giving legal rights to compensation to natural and legal persons who have been directly or indirectly injured because of war should be amended. Finally, the study recommends the establishment of an independent and permanent committee in the United Nations to decide on compensation for victims of war and directly take compensation from guilty states. The UN should also mandate lawyers in occupied territories to investigate and submit reports on the loss of life and damage to people‘s properties due to unlawful acts during war