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International protection of detainees (with a case study of Iraq) | ||
| Journal of Anbar University for Law and Political Sciences | ||
| Article 7, Volume 2, Issue 2, 2011, Pages 168-203 PDF (256.71 K) | ||
| DOI: 10.37651/aujlps.2011.15739 | ||
| Author | ||
| bedaa ali wale | ||
| Abstract | ||
| Freedom of the human part of his humanity Bdonha of basic supplies for its existence and the continuation of his life, and depends mostly doing many of the practices of other life that can not be done at the loss of freedom, especially freedom of the physical, so to speak. As the freedom of human encroachment and the need at all stages of human history and in all societies, so I organized a divine law and the situation throughout history, what saves the man his humanity and saves the community and his presence and his regime, and it was between what was brought by the legislation and Altasalm upon doctrine and held by the norms, it can sometimes considerations most important to attach to the interests of the public for example, that take away human freedom as a precautionary measure to prevent damaging others or as a punitive measure to be rebuked and others from doing as much as they offer it again, but that did not come from the fact that imprisonment or quarrying is an exception for the original General's decision respect the right of man freely, without prejudice to the derogation or. Since the application of this exception and act accordingly be of the competence of public power exclusively, and they often are estimated for the public interest and citizen taken into account, the person is always expanding in its application and out, sometimes on the philosophy that status for it, so I tried local communities and international The conditions governing the restriction of freedom and Times of arrest or imprisonment, detention or under any other appellation, starting from the document Almknacart 1215 to the present day, it all Salmt not to be deprived man of his liberty except by judicial order or because of legal prescribed. Similarly, it was within the scope of international humanitarian law, as to deprive man of his liberty in his field is exceptional also may be taken by the occupying power to take control of things and for security reasons in case of armed conflict or for the purpose of protecting state security or public order in non-conflict situations and provided the required standards to provide for it. However, the principle Altasalm Legislative or regulation does not hold when applied to the case in fact, it often violates the will of the party's strong organization man of power, and over what seems to be a holder for the time being during the occupation of Iraq in 2003, where it emerged and clearly the phenomenon of many camps and rational and scandals published for the crimes of torture in detention confused. This raised vocal significantly from the authorities of local state and the rights of the State's care under occupation and the opinion of the regulations and covenants be back in the governance of the relationship between them, for all that was incumbent upon us to shed light on the observations of this subject by showing cases where arrest or detention and the principles that must be take into account the rights and approved by the international conventions and protocols of the detainee and the penalties can be imposed on the detainee if he committed the punishable during the period of detention, and should then be stopovers for crimes committed against Iraqi detainees in the detention camps, in addition to the views and attitudes of stakeholders and international organizations such violations, and all that in five SSI caused a conclusion. It should be noted that in place this research shed light only on the detainee or the detainee administrative which is in accordance with the decision of the executive and therefore it does not include moving the project, which was previously the trial of a person arrested on their relationship, including criminal, whether in times of armed conflict or otherwise as does not include prisoners of war in international armed conflicts. | ||
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