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Legal guarantees for imposing criminal penalties against prisoners of war | ||
| Journal of Anbar University for Law and Political Sciences | ||
| Article 40, Volume 14, Issue: 1 part 2, June 2024, Pages 1043-1064 PDF (843.07 K) | ||
| Document Type: Research Paper | ||
| DOI: 10.37651/aujlps.2024.146694.1185 | ||
| Author | ||
| Ansam Qasim Hajim* | ||
| Imam Al-Kadhim University College of Islamic Sciences, peace be upon him, Babylon Departments | ||
| Abstract | ||
| The importance of this study, after the expansion of the scope of armed conflicts and the emergence of new types of wars, such as the war on terrorism, is evident in shedding light on the provisions that provide important guarantees for prisoners of war, in the event that criminal penalties are imposed against them, in light of the reasons for punishing them. Captivity is not a measure of deterrence, but rather it is A preventive measure taken in the face of an unarmed opponent. Therefore, the captivating state is obligated to preserve the prisoners and treat them humanely. Prisoners may commit some violations or crimes while in captivity. Hence, the detaining state has the right to take judicial and disciplinary measures against them. However, even while holding them Responsibility, as they enjoy a number of legal guarantees. The problem of research is embodied in the legal and humanitarian contradiction between the status of the restricted prisoner and the possibility of punishing him criminally, and the extent to which the necessary conditions for imposing those punishments are applied, and the commitment of the concerned state to international humanitarian law, and the application of its rules related to the imposition of sanctions. The study adopts the descriptive approach and the analytical approach in order to It is consistent with the objective aspect and scientific accuracy to reach basic and scientific results | ||
| Keywords | ||
| Prisoners of war; Third Geneva Convention; procedural guarantee; substantive guarantees; criminal sanctions | ||
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