مفهوم الهجرة غير القانونية - دراسة في القانون الدولي

حسين وادي الفتلاوي, ا.د صدام; عباس محمد العوادي, فاهم

	مفهوم الهجرة غير القانونية - دراسة في القانون الدولي
AL-Qadisiya Journal For Law and Political Sciences
Volume 10, Issue 2, August 2019, Pages 1-27 PDF (884.81 K)
Authors
ا.د صدام حسين وادي الفتلاوي; فاهم عباس محمد العوادي
AL-Qadisiya Journal
Abstract
The concept of illegal immigration - study in international law The concept of illegal immigration is embodied in the case of the individual departure from the State of origin and his entry into the territory of the State of destination, without taking the designated ports, legal and administrative procedures for entering and leaving the territory of the State of destination. The concept of illegal migration includes humanitarian aspects that accompany most of their situations and stages, which oblige the States concerned to assist these migrants and enable them to exercise their fundamental rights. The researcher assumes that there is no specific definition agreed upon in the framework of international treaties and conventions or international jurisdiction. Therefore, the definitions provided by specialists in international law or the definitions adopted by the relevant international organizations did not include the idea that there are cases of illegal immigration For humanitarian reasons, to seek employment or seek safe haven. That the lack of definition to the concept of illegal immigration, led to dealing with it as a crime in most countries, for violating national law, regardless of the humanitarian aspect contained in the causes of this migration, which led to the violation of the illegal immigrants' rights. This research will be divided into an introduction, two topics, and an Conclusion. The first topic deals with the position of international jurisprudence on the illegal migration definition. The second topic deals with the position of international organizations on the illegal migration definition. One of the most important results is that international jurisprudence has not developed a universally accepted definition, encompassing all aspects of it, and that the inadequacy of the international legal norms on migration has failed to define the concept of illegal migration, including its humanitarian aspects, Therefore, Most States violate the rights of legal or illegal migrants.

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